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Patna High Court

Pashu Ram Raut @ Parshuram RautversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Pashu Ram Raut was arrested in connection with the seizure of 35 litres of country-made liquor from the fields of Umesh Singh, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed innocence, stating that no liquor was recovered from his possession and that he fled only after seeing police, while the prosecution highlighted his prior criminal antecedents, including two similar cases. The petitioner had been in judicial custody since 26 March 2026. The State opposed regular bail, but the court, after considering the facts and the petitioner’s lack of direct recovery, decided to grant regular bail. He was ordered to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the 2nd Exclusive Special Excise Judge, Saran at Chapra.

Issues considered

  • Whether the petitioner is entitled to regular bail despite prior criminal antecedents and the nature of the offence under the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • criminal antecedents
  • section 30(a)
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29045 of 2026
                        Arising Out of PS. Case No.-91 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Pashu Ram Raut @ Parshuram Raut S/O Gul Bahar Raut R/o Village- Kandh
                 Bhagwanpur P.S.- Panapur, District- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mrs.Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30 (a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. The case of the prosecution, in short, is that from

                   the fields of one Umesh Singh altogether 35 litre of country

                   made liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that, as per the case of

                   the prosecution, three persons started fleeing away seeing the

                   police, petitioner is one amongst them. Nothing has been

                   recovered from the possession of the petitioner. Recovery, if
             Patna High Court CR. MISC. No.29045 of 2026(2) dt.06-05-2026
                                                         2/2




                       any, has been made from the fields of Umesh Singh. Petitioner

                       has been framed in this case since of his antecedents. Petitioner

                       is having criminal antecedents of three cases out of two are

                       similar in nature. Moreover, the petitioner is languishing in

                       judicial custody since 26.03.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Panapur P.S. Case No. 09 of 2026 on furnishing bail bond of

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

                       each to the satisfaction of learned 2nd Exclusive Special Excise

                       Judge, Saran at Chapra.



                                             (Ashok Kumar Pandey, J)
vashudha/-

U      T


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