Patna High Court
Rishidev Kumar @ Rishidev Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioners subject to specified monetary and attendance conditions.
Summary
The petitioners, Rishidev Kumar Paswan and Balbir Kumar Paswan, were arrested in connection with the seizure of 6,188.40 litres of foreign liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. They had been in custody since 15 February 2026 and claimed they were falsely implicated, offering to donate Rs.25,000 each to a charitable organization as a condition for bail. The State opposed the bail application. The Patna High Court, after considering the submissions, allowed regular bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 in the Ramakrishna Mission Vidyapith, and appear at the police station every Sunday of each month, with bailors being close blood relatives. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.
- Whether the conditions imposed by the court are lawful and sufficient for the grant of bail.
Subjects
- bail
- Bihar Prohibition & Excise Act
- regular bail
- foreign liquor seizure
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19832 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- Excise P.S. District- Banka
======================================================
1. Rishidev Kumar @ Rishidev Kumar Paswan son of Raj Kumar Paswann
Resident of village- Lojiyanagar Ward no. 32, P.S -Chitragupta Nagar, Dist-
Khagaria
2. Balbir Kumar Paswan Son of Rajmani Paswan Resident of village-
Lojiyanagar Ward no. 32, P.S -Chitragupta Nagar, Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Banka Excise Sadar P.S. Case No. 71 of 2026 registered for the
offence under Sections 30(a) and 32(3) of the Bihar Prohibition
& Excise Act.
3. There is recovery of 6188.40 liters of foreign made
liquor from the seized tanker.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 15.02.2026, are quite
innocent and have falsely been implicated in the present case.
He further submits that the petitioners undertake to donate Rs.
Patna High Court CR. MISC. No.19832 of 2026(2) dt.31-03-2026
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25,000/- (Rs. Twenty Five Thousand) each in some charitable
organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submissions of the parties, this application for regular
bail is allowed.
7. 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 the learned concerned Court below, Banka in connection with
Banka Excise Sadar P.S. Case No. 71 of 2026 subject to
conditions that:-
(I). The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) each in Ramakrishna Mission
Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar, Jharkhand and produce
the receipt of the same before the Court below.
The bail bonds of the petitioners shall be
accepted only after verifying the genuineness of
the receipt produced by the petitioners.
(ii). The petitioners are directed to
mark their attendance at Chitragupta Nagar
Police Station, Khagaria on every Sunday of
each month. Failure to do so, will result in
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cancellation of bail bonds of the petitioners.
(iii). Both the bailors will be close
blood relative of the petitioners.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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