Patna High Court
Ram Kripal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Ram Kripal Paswan, was arrested in connection with the seizure of 270 litres of illicit liquor and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 6 February 2026 and claimed innocence, a clean antecedent, and willingness to donate Rs 25,000 to charity. The State opposed his bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two family sureties, deposit Rs 25,000 with the Ramakrishna Mission, attend the police station on the first and third Sundays of each month, and have his antecedents verified. The order is limited to the bail application and does not prejudice the merits of the trial. The petitioner was directed to produce the receipt of the charitable donation before the lower court.
Issues considered
- Whether bail should be granted to the accused in a case involving illicit liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court are appropriate to ensure the accused’s attendance and prevent tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275
Subjects
- bail
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20014 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- Lalamnia District- Madhubani
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Ram Kripal Paswan S/O Jahar Paswan R/O Village- Dhanushi (Dhanuki)
Sarvsima, P.S- Lalmaniya, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the State : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Lalmaniya P.S. Case No. 06 of 2026 registered for the offence
under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The recovery is of 270 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 06.02.2026. He
further submits that the petitioner has clean antecedents.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.20014 of 2026(2) dt.01-04-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Special Judge
Excise Act, Jhanjharpur, District-Madhubani/ concerned Court
below in connection with Lalmaniya P.S. Case No. 06 of 2026,
subject to the condition that both the bailors should be the
family members of the petitioner.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Lalmaniya Police Station, District- Madhubani on the first and
third Sunday of each month. Any default in appearance at the
police station will result in cancellation of bail bonds of the
Patna High Court CR. MISC. No.20014 of 2026(2) dt.01-04-2026
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petitioner.
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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