Patna High Court
Raju paswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Raju Paswan, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 18 litres of country-made liquor recovered from a hut. He contended that he neither owned the hut nor had physical possession of the liquor, and argued that the search and seizure were unlawful due to lack of an independent witness. The State opposed the bail application. The Court examined the facts, noting the petitioner’s lack of criminal antecedent and the alleged procedural lapses in the seizure. It granted bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties of equal amount, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the mandatory provisions of search and seizure law.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- prohibition law
- search and seizure
- illegal liquor
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19514 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Raju paswan S/O Ramgati Paswan R/O Vill.- Panapur Langa, Ward No.- 14,
P.S- Hajipur Sadar, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 18 liters of country made
liquor is said to have been recovered from a hut.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. It is submitted that the
petitioner is neither the owner of the said hut nor the land upon
which it is situated. It is further submitted that the mandatory
provisions of search and seizure have been violated as there is
no independent witness to the seizure list. Further, the petitioner
Patna High Court CR. MISC. No.19514 of 2026(2) dt.03-04-2026
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has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Hajipur Sadar P.S. Case No. 75 of 2026,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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