Patna High Court
RANJEET PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners Ranjeet Paswan, Premjit Paswan and Aklu Baitha were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 193 litres of liquor were recovered from a plastic sac. They contended that they were falsely implicated, that no incriminating material was found on them, they have no prior criminal record and have been in custody since 9 December 2025. The State opposed bail, but the court noted the petitioners' clean antecedents, the short period of custody and the lack of compliance with Section 103 of the B.N.S.S., 2023. Considering these circumstances, the court inclined to grant bail. The petitioners were ordered to be released on bail upon furnishing a bond of Rs.15,000 each with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the lack of compliance with Section 103 of the B.N.S.S., 2023 affects the bail application
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- criminal procedure
- clean antecedent
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6478 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
1. RANJEET PASWAN S/O KRISNANDAN PASWAN R/o vill - Singahi,
P.S.- Piprahi, Distt.- Sheohar
2. Premjit Paswan S/o Dasai Paswan R/o vill - Singahi, P.S.- Piprahi, Distt.-
Sheohar
3. Aklu Baitha S/o Mosafir Paswan R/o vill - Singahi, P.S.- Piprahi, Distt.-
Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Chandra Ojha, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Piprahi P.S. case No.
256 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 193 liters
liquor was recovered from plastic sac.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.6478 of 2026(2) dt.02-02-2026
2/2
have got no concern with the alleged recovery of liquor. It is
further submitted that recovery is made from open place which
is easily accessible to one and all. The petitioners are in custody
since 09.12.2025 and have got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Piprahi P.S. case
No. 256 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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