Patna High Court
Ramu Paswan @ Ramu Kumar @ Ramayan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- BNSS — s. 480(3)
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
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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
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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
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