Created by Fuzzy Cloud

Patna High Court

Ramu Paswan @ Ramu Kumar @ Ramayan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail as no direct incriminating evidence was found against him and his continued detention would be unjustified.

Summary

The petitioner, Ramu Paswan, was implicated in a case (Baghaila PS Case No. 34 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition & Excise Act, 2016 after police recovered 266.4 litres of illicit liquor from a seized motorcycle. The petitioner was named by a co‑accused who was apprehended, but no liquor, money, or any incriminating material was found on the petitioner or his possession. He contended that his involvement was purely based on suspicion and that he had not been present at the spot of the seizure. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of direct evidence against the petitioner and his prolonged custody since 04‑03‑2026, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail was granted subject to compliance with attendance and conduct conditions.

Issues considered

  • Whether the petitioner can be granted bail despite being named only by a co‑accused and with no material recovered from him.
  • Whether the allegations under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, establish a prima facie case against the petitioner.
  • Whether the period of custody without a charge‑sheet justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • suspicion
  • criminal procedure
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25683 of 2026
                       Arising Out of PS. Case No.-34 Year-2026 Thana- BADHAILA District- Rohtas
                 ======================================================
                 Ramu Paswan @ Ramu Kumar @ Ramayan Paswan Son of Siya Ram
                 Paswan @ Baghaut Paswan Resident of Village- Srinagar Tola, P.S.-
                 Baghaila, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Jyoti Prasad, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Baghaila P.S. Case No. 34 of 2026 registered

                   for the alleged offences under Section 30(a) of the Bihar

                   Prohibition & Excise Act, 2016.

                                03. As per prosecution case, police received

                   information about storage of illicit liquor after unloading it from

                   a pick-up van. The police reached the spot and found some

                   persons taking away sacks on their motorcycles. One co-

                   accused person was apprehended with his motorcycle and

                   another accused ran away with his motorcycle and the sack. The

                   apprehended co-accused disclosed the name of the petitioner
Patna High Court CR. MISC. No.25683 of 2026(2) dt.17-04-2026
                                            2/3




          who fled away from the spot along with other accused persons.

          From three plastic sacks kept on the motorcycle, recovery of

          total 266.4 liters of country made and foreign liquor was made.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. The petitioner has not been apprehended from the spot and

          nothing incriminating has been recovered from person or

          possession of the petitioner. The petitioner has been named in

          this case in the disclosure of co-accused Ranjay Kumar who was

          apprehended from the spot but the petitioner has no concern

          with the apprehended co-accused or the allegedly recovered

          liquor or the motorcycle. Therefore, no offence under Section

          30(a) of the Bihar Prohibition & Excise Act is made out against

          the petitioner as his implication is only on the basis of suspicion.

          The petitioner is having antecedent of one case in which he is on

          bail. The petitioner is in custody since 04.03.2026.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from the petitioner and

          further considering the period of custody of the petitioner along
           Patna High Court CR. MISC. No.25683 of 2026(2) dt.17-04-2026
                                                       3/3




                     with submission of charge-sheet, the petitioner above named is

                     directed to be released on bail on furnishing bail bonds of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Special Judge (Excise Act)-I,

                     Rohtas at Sasaram/court concerned in connection with Baghaila

                     P.S. Case No. 34 of 2026, subject to the conditions mentioned in

                     Section 480(3) of BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.