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Patna High Court

Rambabu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Rambabu Paswan, was arrested in connection with the seizure of 736.200 liters of illicit liquor and charged under Sections 30(a), 37, 41 and 47 of the Bihar Prohibition and Excise Act. He had been in custody since 12 March 2026 and had one prior criminal case (Saraiya P.S. Case No. 220 of 2024). The petitioner applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts, the period of custody, and the submissions, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions including the charitable donation, regular police station attendance, and verification of criminal antecedents. The order emphasized that the observations were prima facie and would not affect the trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under the Bihar Prohibition and Excise Act
  • Whether the proposed conditions, including a charitable donation and attendance requirements, are appropriate for bail
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedent
  • surety
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27142 of 2026
                      Arising Out of PS. Case No.-71 Year-2026 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Rambabu Paswan S/o- Nageshwar Paswan R/v- Bagahi Ps- Panapur Kariyat
                 Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar
                 For the Opposite Party/s :       Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Karja P.S. Case No. 71 of 2026,

                   registered for offences punishable under Sections 30(a), 37, 41

                   and 47 of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 736.200 liters of illicit

                   liquor have been recovered from the vehicles in question. The

                   petitioner is in custody since 12.03.2026 and has one criminal

                   antecedent (Saraiya P.S. Case No. 220 of 2024).

                                4. Learned counsel for the petitioner submits that the

                   petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees

                   Twenty-Five Thousand only) to a charitable organization,

                   without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.27142 of 2026(2) dt.23-04-2026
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                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Karja P.S. Case No.

          71 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, Bihar, and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Panapur Kariyat Police Station on
                          every 1st and 3rd Sunday of each month. In the
                          event of default, the bail bonds shall be liable to be
                          cancelled.

                                       (iii). Before accepting the bail bonds of
            Patna High Court CR. MISC. No.27142 of 2026(2) dt.23-04-2026
                                                        3/3




                                      the petitioner, the court below shall verify the
                                      petitioner’s criminal antecedents. If it is found that
                                      the petitioner has any criminal antecedents other
                                      than Saraiya P.S. Case No. 220 of 2024, the bail
                                      bonds shall not be accepted. However, if the
                                      petitioner is found to have only one criminal
                                      antecedent, namely Saraiya P.S. Case No. 220 of
                                      2024, the bail bonds shall be accepted by the court
                                      below. However, such verification shall not be used
                                      as a ground to unnecessarily delay acceptance of
                                      the bail bonds.



                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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