Created by Fuzzy Cloud

Patna High Court

Parduman Kumar Baitha @ Praduman Kumar BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Petitioner Parduman Kumar Baitha was arrested on 29‑04‑2026 for alleged offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018, relating to the seizure of 225 litres of country‑made liquor. He applied for bail, claiming a clean antecedent, false implication, and that the seizure‑list witnesses being police officers violated Sections 103 and 105 of the Bihar Narcotic Substances Act (BNSS). The Additional Public Prosecutor opposed bail. The Court, noting the petitioner’s clean record and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedent. The bail order was directed to be implemented by the Exclusive Special Judge, Excise Court No.2, Saran. The Court emphasized that the bail bond should not be delayed for antecedent verification.

Issues considered

  • Whether bail should be granted to the petitioner for offences under the Bihar Prohibition and Excise Act, 2018.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • seizure of liquor
  • procedural non‑compliance
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38045 of 2026
                     Arising Out of PS. Case No.-375 Year-2026 Thana- MADHAURAH District- Saran
                 ======================================================
                 Parduman Kumar Baitha @ Praduman Kumar Baitha S/o Dilip Baitha R/o
                 Village - Mirzapur, PS - Marhowrah, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                      Heard Mr. Ajay Kumar Tiwary, learned counsel for

                   the petitioner and Md. Nazir Ansari, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.04.2026 in connection with Marhowrah P.S. Case No. 375 of

                   2026, F.I.R. dated 28.04.2026 for the offences punishable under

                   Section 30(a), 41(1) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 225 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that seizure

                   list witnesses are police personnel so there is non-compliance of

                   Section 103 and 105 of BNSS. The petitioner is in custody since
Patna High Court CR. MISC. No.38045 of 2026(2) dt.17-06-2026
                                            2/3




          29.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and there is

          non-compliance of Section 103 and 105 of BNSS, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise Court No.2nd Saran at Chapra in

          connection with Marhowrah P.S. Case No. 375 of 2026, subject

          to the following conditions:-

                        i. 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.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to

           move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at
            Patna High Court CR. MISC. No.38045 of 2026(2) dt.17-06-2026
                                                        3/3




                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, 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)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.