Patna High Court
Raja Kumar @ Raja Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to bail and the bail application is allowed.
Summary
The petitioner, Raja Kumar Paswan, was arrested in connection with the seizure of 2,816.34 litres of illicit foreign liquor from a Hyva truck and alleged involvement of three persons attempting to flee. He contended that he was neither the owner nor the driver of the truck, was merely a passerby, and was falsely implicated on mere suspicion, having been in judicial custody since 21-12-2025 while already on bail in another case. The State opposed his regular bail application under Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act, 2022. After considering the facts and submissions, the Court held that the petitioner was entitled to bail and ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special (Excise) Judge‑1, Saharsa. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act, 2022 despite the seriousness of the alleged offence.
- Whether mere suspicion and the fact of arrest justify continued detention without bail.
Subjects
- bail
- regular bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- suspicion
- detention
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11408 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- Balwahat District- Saharsa
======================================================
Raja Kumar @ Raja Kumar Paswan S/o Subodh Paswan R/o Village - Bakiya,
Ward no. 7, P.S - Chautham, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Balwahat P.S.
Case No. 185 of 2025 dated 21-12-2025, registered under
Sections 30(a) and 41 of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. The allegation is of recovery of 2816.34 litres of
illicit foreign liquor from Hyva truck bearing registration
number JH02AT 8145. It is further alleged that three persons
were apprehended when they tried to flee away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the petitioner is neither
the owner nor the driver of the said Hyva truck and only on the
Patna High Court CR. MISC. No.11408 of 2026(2) dt.17-02-2026
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basis of suspicion, the petitioner has been arrested and made an
accused in this case. As a matter of fact, the petitioner is a
passerby. Lastly, it is submitted that the petitioner has been in
judicial custody since 21-12-2025 and has one criminal case
pending against him in which he is on bail.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special
(Excise), Judge-1, Saharsa, in connection with Balwahat P.S.
Case No. 185 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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