Patna High Court
Ranjit PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting regular bail subject to specified conditions.
Summary
The petitioner, Ranjit Paswan, was arrested in connection with the seizure of about 100 litres of illicit country-made liquor from a motorcycle, alleged to be a violation of section 30(a) of the Bihar Prohibition & Excise Act. He contended that he was not arrested at the place of occurrence, was not the owner of the motorcycle, and has a clean antecedent. He offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed bail. The High Court, after considering the facts and submissions, granted regular bail on a bond of Rs.10,000 with two sureties, conditioned on the donation, verification of clean antecedent, and regular attendance at the police station. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial.
Issues considered
- What is the appropriateness of granting bail to a person accused under section 30(a) of the Bihar Prohibition & Excise Act, considering the circumstances of arrest, ownership of the vehicle, and clean antecedent?
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- surety
- donation condition
- clean antecedent
- section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41503 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- MEHSI District- East Champaran
======================================================
Ranjit Paswan S/O Late Nagina Paswan Resident of Vill.- Saray Banwari,
P.S- Mehsi, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Mehsi P.S. Case No.144 of 2026 registered for
the offence under section 30(a) of the Bihar Prohibition &
Excise Act.
3. About 100 litres of illicit country made
liquor has been recovered from a motorcycle.
4. The petitioner is in custody since
26.04.2026. He claims clean antecedent.
5. It has been submitted by learned counsel for
the petitioner that the petitioner was not arrested from the place
of occurrence and he is not the owner of the motorcycle from
Patna High Court CR. MISC. No.41503 of 2026(2) dt.25-06-2026
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which the illicit liquor has been recovered.
6. Learned counsel for the petitioner has also
submitted that the petitioner is ready to donate Rs.25,000/- in
some charitable organization without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submissions of learned counsel for the
petitioner, this bail application is allowed.
9. 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 Excise Court No.3, Civil Court,
East Champaran at Motihari / concerned Court below, in
connection with Mehsi P.S. Case No.144 of 2026.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, and produce the receipt of the same before
the Court below at the time of furnishing bail bonds. The bail
bonds of the petitioner shall only be accepted after verifying the
genuineness of the receipt produced by him.
Patna High Court CR. MISC. No.41503 of 2026(2) dt.25-06-2026
3/3
11. At the time of accepting the bail bonds of the
petitioner, the Court below will verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
12. Further, the petitioner shall also mark his
attendance at Mehsi Police Station, District- East Champaran on
first and third Sunday of the month. Any default in appearance
at the Police Station would result in cancellation of bail bonds
of the petitioner.
13. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
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