Patna High Court
Ranjan Paswan @ Rajan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioner subject to a bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Ranjan Paswan, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly possessing 15 litres of illicit mahua liquor recovered from a motorcycle. The police did not arrest him at the scene; his name appeared only in the confessional statements of the apprehended riders, and no liquor was found in his direct possession. The petitioner argued that the seizure was not conducted in accordance with Section 103 of the B.N.S.S. and that he should be released on bail. The State opposed bail, citing his status as a habitual offender with five similar cases pending. The High Court, after hearing both sides, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail despite being a habitual offender and having multiple pending cases.
- Whether the seizure of the illicit liquor complied with the procedural requirements of Section 103 of the B.N.S.S.
- Whether the confessional statements of co‑accused are sufficient grounds for arrest and denial of bail.
Legislation cited
- B.N.S.S. — s. 103, 482(2)
Subjects
- bail
- habitual offender
- excise law
- illicit liquor
- seizure procedure
- confessional statement
- Section 30
- Section 32
- Section 103
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18427 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Ranjan Paswan @ Rajan Paswan Son of Ambikeshwar @ Ambika Paswan
Resident of Village- Mahadeva, P.S.- Obra, District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Obra P.S. Case No. 122 of 2025 for allegedly
having committed offence under Sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, while the informant
was on patrolling duty, he signaled a motorcycle to stop, but the
persons riding the motorcycle did not stop the motorcycle and
attempted to flee away. Both the persons were apprehended by
the Police personnel and on search, total 15 litres of country
made illicit mahua liquor was recovered from a sack placed on
the seat of the motorcycle bearing registration no. BR24 AH
1913. On the statement made by the apprehended persons, the
Patna High Court CR. MISC. No.18427 of 2026(2) dt.25-03-2026
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name of the petitioner transpired in this present case.
4. The learned counsel for the petitioner submits
that the petitioner was not arrested at the place of occurrence
rather his name transpired on the confessional statement of the
apprehended persons, since they had taken away the motorcycle
of the petitioner on the date of occurrence for some personal
work. Nothing has been recovered from the conscious
possession of the petitioner. While preparing the seizure, the
provisions contained under Section 103 of the B.N.S.S. was not
followed. Later on, the petitioner came to know that co-accused
Ranjeet Kumar, who has taken away the motorcycle of the
petitioner on the pretext that he has to go to hospital, has been
arrested and his motorcycle has been seized. The petitioner is
having five criminal antecedents of similar nature, in which he
is on bail.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner and submits that the
petitioner is a habitual offender and is an accused in five more
cases of similar nature.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of six weeks, be released on bail on
Patna High Court CR. MISC. No.18427 of 2026(2) dt.25-03-2026
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furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge, Excise Court No.02, Aurangabad, Bihar in
connection with Obra P.S. Case No. 122 of 2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.,
with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. 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.
(Ritesh Kumar, J)
AjayMishra/-
U T
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