Patna High Court
Raj Kumar Paswan @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 111, 121(1), 126(2), 132, 263, 3(5)
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
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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
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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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