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Patna High Court

Ram Babu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as there is no material evidence of conscious possession and procedural lapses exist, subject to standard bail conditions.

Summary

Ram Babu Paswan was arrested on 23 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of 120 litres of desi chlui liquor. The petitioner contended that no liquor was recovered from his conscious possession and that the investigation relied solely on a disclosure by a local chaukidar, with seizure list witnesses being Home Guard personnel, thereby breaching Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting three other pending cases, two of which were already on bail. The Court, after considering the lack of material linking the petitioner to the seized liquor and the procedural irregularities, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the acceptance of the bond.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act given the absence of conscious possession of the seized liquor.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, warrants the grant of bail.
  • Whether the petitioner’s other pending criminal cases affect the decision to grant bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • procedural lapse
  • non-possession
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30801 of 2026
                      Arising Out of PS. Case No.-52 Year-2026 Thana- BELSAND District- Sitamarhi
                 ======================================================
                 Ram Babu Paswan S/o Late Nagendra Paswan Resident of Village- Saraiya,
                 ward no 13 @ Belsand Tole Saraiya, ward no. 13, P.S.- Belsand, Dist.-
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                    Heard Mr. Santosh Kumar, learned counsel for the

                   petitioner and Mr. Shailendra Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   23.03.2026, in connection with Belsand P.S. Case No. 52 of

                   2026, F.I.R. dated 22.02.2026                registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 120 litres of Desi Chulai liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   that nothing has been recovered from the conscious possession

                   of the petitioner and the name of the petitioner has been
Patna High Court CR. MISC. No.30801 of 2026(2) dt.06-05-2026
                                            2/3




          transpired on the basis of disclosure made by local choukidar

          and except the aforesaid, nothing has come during investigation

          to suggest the involvement of the petitioner in the present

          occurrence. It appears from the seizure list that the seizure list

          witnesses are Home Guard personnel so                there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 23.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries three more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that out of three cases, the

          petitioner is on bail in two cases and one case is pending for

          consideration before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Sections 103 and 105 of the BNSS, 2023, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Excise Court No. 2, Sitamarhi in connection with Belsand P.S.
               Patna High Court CR. MISC. No.30801 of 2026(2) dt.06-05-2026
                                                           3/3




                         Case No. 52 of 2026, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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