Patna High Court
Ram Babu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
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
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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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