Patna High Court
Pairo RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Pairo Rajbanshi, was arrested in connection with the seizure of 280 litres of illicit country-made wine from a motorcycle, alleged to be offences under Sections 30(a) and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2022. He had been in custody since 1 March 2026 and claimed innocence with no prior criminal record. The petitioner applied for regular bail, offering to donate Rs.25,000 to a charitable organization, while the State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit the Rs.25,000 donation with Ramakrishna Math, producing a receipt. Additional conditions included attendance at the police station on any two Sundays each month, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to a person accused under Sections 30(a) and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the conditions imposed (donation, bail bond, sureties, and periodic police station attendance) are lawful and appropriate.
Subjects
- bail
- regular bail
- prohibition law
- excise law
- illicit liquor
- Bihar Prohibition & Excise Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21890 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- SIRDALA District- Nawada
======================================================
Pairo Rajbanshi Son of Late Rajo Rajbanshi Resident of Village- Laundh,
P.S.- Sirdalla, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks regular bail in connection with
Sirdalla P.S. Case No. 61 of 2026 registered for the offence under
Sections 30(a), 41 of the Bihar Prohibition & Excise (Amendment)
Act, 2022.
3. The recovery is of 280 litres of illicit country-made
wine has been recovered from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 01.03.2026 without any
fault.
5. Learned counsel for the petitioner also 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.21890 of 2026(2) dt.07-04-2026
2/2
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case as
well as the submissions of learned counsel for the petitioner, this
application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court-1, Nawada/ concerned Court
below, in connection with Sirdalla P.S. Case No. 61 of 2026.
9. This is also subject to the condition that the petitioner
shall deposit an amount of Rs.25,000/- in Ramakrishna Math, Village
Jharha (near Matua Pahar), P.O. Gurua, Gayaji 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.
10. As a condition of this order, the petitioner after being
released on bail, is directed to mark his attendance at Sirdalla Police
Station, District- Nawada on any two Sundays of the month. Any
default in appearance at the Police Station will result in cancellation
of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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