Patna High Court
Birju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners, subject to specified conditions.
Summary
Birju Kumar and Jitendra Paswan were arrested on 16 November 2025 in connection with the seizure of 5,019.48 litres of foreign liquor, alleged to be offences under Sections 30(a), 32(2) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioners contended that the liquor was recovered from a truck they did not own, that they had no conscious possession, and that they have a clean criminal antecedent. The State opposed bail. The High Court, after considering the facts and the petitioners' clean record, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses. The order also directed verification of any concealed antecedent but stipulated that bail should not be delayed for such verification.
Issues considered
- Whether bail should be granted to accused persons charged under Sections 30(a), 32(2) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the recovery of liquor from a truck not owned by the accused negates the element of possession required for the offences.
- Whether a clean criminal antecedent warrants the grant of bail despite the seriousness of the alleged offences.
Subjects
- bail
- prohibition law
- excise law
- foreign liquor seizure
- criminal antecedent
- possession
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12433 of 2026
Arising Out of PS. Case No.-501 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
1. Birju Kumar S/O Jalandhar Paswan
2. Jitendra Paswan S/O Late Fulandhar Paswan
Both R/O Giniyari, Ward No.10, P.S.- Sakara, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr.Krishna Kant Singh, learned counsel for
the petitioners and Mr.Dr. Kumar Uday Pratap, learned A.P.P.
for the State.
2. The petitioners seek bail, who are in custody since
16.11.2025 in connection with Kuchaikot P.S. Case No. 501 of
2025, F.I.R. dated 15.11.2025 registered for the offence
punishable under Sections 30(a),32(2) & 41 of Bihar Prohibition
and Excise Amendment Act, 2018.
3. Recovery is of 5019.480 liters of foreign liquor.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. Further
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
Patna High Court CR. MISC. No.12433 of 2026(3) dt.30-04-2026
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the petitioner rather the recovery has been made from the Truck
in question and petitioners are not the owner of the Truck in
question and petitioners have no concern at all with the alleged
recovery of illicit liquor and the police, after investigation,
submitted chargesheet against the petitioners and the petitioners
are in custody since 16.11.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid facts and petitioners have
clean antecedent, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned D.A.J.-IV-cum-Special Judge Excise-II, Gopalganj in
connection with Kuchaikot P.S. Case No. 501 of 2025, with the
following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.12433 of 2026(3) dt.30-04-2026
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for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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