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Patna High Court

Ramekbal PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with conditions, finding that the circumstances did not warrant continued detention.

Summary

The petitioner, Ramekbal Paswan, a driver of a vehicle bearing registration BR01GQ-0551, was arrested on 27 January 2026 after 555.660 litres of liquor were seized from two parcel vehicles in a Hilsa Excise case. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act, while the prosecution alleged his involvement in the illegal liquor transport. The petitioner contended that he had no knowledge of the goods, that no incriminating material was found on his person, and that the bail application was not complied with under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s two prior criminal antecedents. The Court, after considering the lack of direct evidence against the petitioner and his role as merely a driver, decided to grant bail subject to monetary surety and strict conditions. The bail order required a Rs.15,000 bond with two sureties, appearance at all trial dates, and a prohibition on tampering with evidence or influencing witnesses.

Issues considered

  • Whether bail should be granted to the accused driver under Section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of a large quantity of liquor.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
  • Whether the petitioner’s lack of knowledge of the contraband and his status as a driver justify bail despite prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Section 30(a)
  • Section 103
  • driver liability
  • Hilsa Excise
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13266 of 2026
                    Arising Out of PS. Case No.-21 Year-2026 Thana- EXCISE HILSA District- Nalanda
                 ======================================================
                 Ramekbal Paswan S/o Ramesh Paswan Resident of village- Ashinchak, PS-
                 Dalsinghsarai, District- Samastipur
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :       Mr.Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Hilsa

                   Excise P.S. Case No. 21 of 2026, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 555.660

                   liters liquor was recovered from two parcel vehicles. Petitioner

                   was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.13266 of 2026(2) dt.24-02-2026
                                            2/3




          further submitted that the petitioner is driver of the vehicle

          bearing Reg. No. BR01GQ-0551 and he has no knowledge

          regarding the goods loaded in the vehicle. The petitioner is in

          custody since 27.01.2026 and has got two criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Hilsa Excise P.S.

          Case No. 21 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the
           Patna High Court CR. MISC. No.13266 of 2026(2) dt.24-02-2026
                                                       3/3




                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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