Patna High Court
Raja PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Raja Paswan and Chhotu Kumar, applied for bail in a criminal miscellaneous case (No. 83 of 2026) registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging that 1,379.34 litres of foreign liquor was seized from the house of Ashok Yadav, not from their residence. The petitioners contended that the recovery was unrelated to them and that they had been in custody since 16 April 2026. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court, noting that the seized liquor was not recovered from the petitioners' house and considering the length of their custody, inclined to grant bail. Accordingly, the Court ordered their release on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Additional Sessions Judge‑IV‑cum‑Exclusive Special Excise Court, Lakhisarai, and clarified that its observations were prima facie and not determinative of the trial's merits.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, given that the alleged contravention involved liquor recovered from a third party's house.
- Whether the fact that the recovery was not made from the petitioners' premises warrants bail despite their custody since 16‑04‑2026.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- foreign liquor
- Section 30(a)
- prima facie observation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39216 of 2026
Arising out of PS. Case No.-83 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
1. Raja Paswan S/o Late Bhagwan Paswan Resident of Mohalla- Punjabi
Mohalla, ward No.- 15, P.S- Kabaiya, Distt.- Lakhisarai.
2. Chhotu Kumar @ Vivek Kumar S/o Viran Prasad Saw R/o Purani Bazar,
P.S.- Lakhisarai, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Adv.
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in Ramgarh Chowk P.S.
Case No. 83 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2018.
3. The allegation is that 1,379.34 litres of foreign
liquor was recovered from the house of one Ashok Yadav.
4. Learned counsel for the petitioners submits that
recovery has not been made from the house of the petitioners.
He further submits that the petitioners are in custody since
16.04.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.39216 of 2026(2) dt.17-06-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the recovery has not been made
from the house of the petitioners and the petitioners are in
custody since 16.04.2026, this Court is inclined to grant bail to
the petitioner.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned
Additional Sessions Judge-IV-cum-Exclusive Special
Excise Court-1, Lakhisarai, in connection with
Ramgarh Chowk P.S. Case No. 83 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations 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)
Vikash/-
U T
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