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Patna High Court

Rishidev Kumar @ Rishidev Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
            Patna High Court CR. MISC. No.19832 of 2026(2) dt.31-03-2026
                                                        3/3




                                              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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