Patna High Court
Rambabu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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