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Patna High Court

Rajesh Paswan @ ParorversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Petitioner Rajesh Paswan was charged under Section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of 67.4 litres of illicit country-made liquor recovered during a raid on his house. He fled the scene and was not arrested at the spot; no liquor was recovered from his person. He has been in custody since 25 March 2026 and has one prior case. The petitioner pleaded innocence and sought bail, arguing lack of direct incriminating evidence and that the charge sheet had already been filed. The court, noting the absence of recovery from the petitioner, the charge sheet, and the period of custody, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of the raid and custody.
  • Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • excise
  • Section 30
  • Section 480
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37695 of 2026
                        Arising Out of PS. Case No.-45 Year-2026 Thana- JALE District- Darbhanga
                 ======================================================
                 Rajesh Paswan @ Paror, S/o Late Rajendra Paswan, Resident of Village -
                 Basant, P.S. - Jale, District - Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ugranath Mallik, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Jale P.S. Case No. 45 of 2026, registered for the

                   alleged offence under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. As per prosecution case, on secret information, a

                   raid was conducted in the house of the petitioner and recovery

                   of total 67.400 liters of illicit country made liquor was made.

                   The petitioner fled away from the spot when raid was being

                   conducted.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner was not apprehended from the spot and
Patna High Court CR. MISC. No.37695 of 2026(2) dt.17-06-2026
                                            2/3




          nothing      incriminating        has     been       recovered   from   the

          person/possession of the petitioner. The petitioner is in custody

          since 25.03.2026 and is having antecedent of one case. The

          charge sheet has been submitted.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner was not arrested from the spot and no

          recovery has been shown from his person/possession and further

          considering the submission of charge sheet and period of

          custody of the petitioner, the petitioner above named is directed

          to be released on bail on furnishing bail bonds of Rs. 10,000/-

          (ten thousand) with two sureties of the like amount each to the

          satisfaction of learned Special Judge, Excise-1, Darbhanga/court

          concerned in connection with Jale P.S. Case No. 45 of 2026,

          subject to the conditions mentioned in Section 480(3) of BNSS

          and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each

                       and every date fixed by the court below.
           Patna High Court CR. MISC. No.37695 of 2026(2) dt.17-06-2026
                                                       3/3




                                  (iii) In case of absence on three consecutive

                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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