Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to conditions, finding no sufficient material to justify continued detention.
Summary
The petitioner, Raj Kumar Paswan, was arrested in connection with an excise case where 100 litres of country-made liquor were recovered from a plastic sac in a straw house. He contended that he had no possession of the liquor, that the recovery was from an open public place, and that no incriminating material linked him to the offence. The petitioner had been in custody since 3 September 2025 and possessed three prior criminal antecedents, while the prosecution opposed bail. The State argued against granting bail, citing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court, after considering the circumstances, the lack of material against the petitioner, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, decided to grant bail subject to monetary and personal surety conditions and attendance requirements. Consequently, the petitioner was released on bail upon furnishing the prescribed bonds and sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and his antecedents
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise offence
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedents
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2861 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- Excise P.S. District- Katihar
======================================================
Raj Kumar Paswan S/O Late Jay Prakash Paswan Resident of Village-
Medinipur, ward no. 5, P.S.- Manihari, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kunwar Ajit Singh, Advocate
For the Opposite Party/s : Mr.Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Katihar
Excise P.S. Case No. 312 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 100
liters of country made liquor was recovered from plastic sac
kept in the straw house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made from straw house, which is an open place and is accessible
Patna High Court CR. MISC. No.2861 of 2026(2) dt.19-01-2026
2/2
to public at large. The petitioner is in custody since 03.09.2025
and has got three criminal antecedents. There is no compliance
of Section 103 of the Bharatiya Nagarik Suraksha Sanhita,
2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Katihar Excise P.S.
Case No. 312 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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