Patna High Court
Parduman Kumar Baitha @ Praduman Kumar BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act (BNSS) — s. 103, 105
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41(1)
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
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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
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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
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