Patna High Court
Rambabu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner.
Summary
Rambabu Paswan applied for bail in a case where 495 litres of illicit country-made liquor were seized from a Tata Safari vehicle, and he was charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not arrested at the scene, no liquor was found in his conscious possession, and the mandatory search‑and‑seizure provisions of Section 103 of the B.N.S. Act were not complied with. He also highlighted his custody since 13‑04‑2026 and prior criminal antecedents. The State opposed bail, arguing the seriousness of the offences. Considering the alleged procedural lapses, lack of direct possession, and the period of custody, the Court inclined to grant bail, ordering a bond of Rs.10,000 with two sureties. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with offences under the B.N.S. Act and the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 103 of the B.N.S. Act warrants bail.
- Whether the petitioner’s custody period and prior cases affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- search and seizure
- procedural lapse
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35327 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Rambabu Paswan Son of Late Fekan Paswan, Resident of Village - Akhari
Brindawan, P.S.- Ladaniya, District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing
mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Andhratharhi P.S. Case No. 133 of 2025, registered for the
offences punishable under Sections 274, 275 and 3(5) of the
B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and
Excise Act.
4. As per the prosecution case, total 495 litres of
illicit country made liquor was recovered from a Tata Safari
vehicle.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner was not arrested from the spot and
Patna High Court CR. MISC. No.35327 of 2026(2) dt.21-05-2026
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nothing has been recovered from his conscious possession. The
mandatory provision of search and seizure prescribed under
Section 103 of the B.N.S.S., 2023 were not followed. Petitioner
has no concern with the alleged recovery. Learned counsel lastly
submits that petitioner has antecedent of four cases and he is in
custody since 13.04.2026.
6. Learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
7. Considering the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner was no arrested from the spot, nothing has been
recovered from his conscious possession and further considering
his period of custody, this Court is inclined to grant bail to the
petitioner.
8. Accordingly, let the petitioner, above-named, 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 Exclusive Special
Judge, Excise Act, Jhanjharpur, Madhubani, in connection with
Andhratharhi P.S. Case No. 133 of 2025.
9. It is made clear that any observation made herein
Patna High Court CR. MISC. No.35327 of 2026(2) dt.21-05-2026
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is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observation
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.
(Ansul, J)
Shahnawaz/-
U T
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