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2026 DAILYLAW 9682 (PAT)

Ranjan Paswan @ Rajan Paswan v. The State of Bihar

CR. MISC./18427/2026 · 2026-03-25

Ritesh Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18427 of 2026 Arising Out of PS. Case No.-122 Year-2025 Thana- Daudnagar Excise District- Aurangabad ====================================================== Ranjan Paswan @ Rajan Paswan Son of Ambikeshwar @ Ambika Paswan Resident of Village- Mahadeva, P.S.- Obra, District- Aurangabad, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rupa Kumari, Advocate For the Opposite Party/s : Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 25-03-2026 Heard the learned counsel for the petitioner and the learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Obra P.S. Case No. 122 of 2025 for allegedly having committed offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, while the informant was on patrolling duty, he signaled a motorcycle to stop, but the persons riding the motorcycle did not stop the motorcycle and attempted to flee away. Both the persons were apprehended by the Police personnel and on search, total 15 litres of country made illicit mahua liquor was recovered from a sack placed on the seat of the motorcycle bearing registration no. BR24 AH 1913. On the statement made by the apprehended persons, the Patna High Court CR. MISC. No.18427 of 2026(2) dt.25-03-2026 2/3 name of the petitioner transpired in this present case. 4. The learned counsel for the petitioner submits that the petitioner was not arrested at the place of occurrence rather his name transpired on the confessional statement of the apprehended persons, since they had taken away the motorcycle of the petitioner on the date of occurrence for some personal work. Nothing has been recovered from the conscious possession of the petitioner. While preparing the seizure, the provisions contained under Section 103 of the B.N.S.S. was not followed. Later on, the petitioner came to know that co-accused Ranjeet Kumar, who has taken away the motorcycle of the petitioner on the pretext that he has to go to hospital, has been arrested and his motorcycle has been seized. The petitioner is having five criminal antecedents of similar nature, in which he is on bail. 5. The learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner is a habitual offender and is an accused in five more cases of similar nature. 6. Having heard the learned counsel for the parties, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on Patna High Court CR. MISC. No.18427 of 2026(2) dt.25-03-2026 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.02, Aurangabad, Bihar in connection with Obra P.S. Case No. 122 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition: (1) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps 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. AjayMishra/- (Ritesh Kumar, J) U T