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Patna High Court

Raj Kumar Paswan @ Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted subject to strict conditions, including surety bonds, a monetary deposit, regular police station attendance, and verification of antecedents.

Summary

Petitioner Raj Kumar Paswan was arrested in connection with the seizure of 936 litres of illicit liquor and charged under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, clean antecedents, and offering to donate Rs.25,000 to charity. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish two surety bonds of Rs.10,000 each, deposit Rs.25,000 with Ramakrishna Math, attend the police station every Sunday, and have his antecedents verified. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be cancelled if the petitioner defaults on any condition.

Issues considered

  • Whether bail can be granted to the petitioner in the case of alleged offences under Sections 111, 263, 132, 121(1), 126(2), 3(5) of the Bihar Narcotic Substances Act and Section 30(a)/41 of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • criminal procedure
  • surety
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21474 of 2026
                          Arising Out of PS. Case No.-23 Year-2026 Thana- SIKTI District- Araria
                 ======================================================
                 Raj Kumar Paswan @ Raj Kumar S/o Sri Ravindra Paswan R/o Village -
                 Saidabaad, ward No. 14, P.S - Sikti, District - Araria

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Gopal Kumar Jha
                 For the Opposite Party/s :        Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Sikti

                   P.S. Case No. 23 of 2026 registered for the offence under

                   Sections 111, 263, 132, 121(1), 126(2), 3(5) of the BNS and

                   under Section 30(a) / 41 of the Bihar Prohibition and Excise

                   Act.

                                 3. The recovery is of 936 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 23.01.2026. 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.
Patna High Court CR. MISC. No.21474 of 2026(2) dt.31-03-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          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 concerned

          Court below in connection with Sikti P.S. Case No. 23 of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Math, Bhatta Bazar, Purnea 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 Sikti

          Police Station on every Sunday of each month. Any default in

          appearance at the police station will result in cancellation of bail

          bonds of the 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
          Patna High Court CR. MISC. No.21474 of 2026(2) dt.31-03-2026
                                                      3/3




                    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)
Vikas/-

U


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