Patna High Court
Rahul Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Rahul Kumar Paswan, was arrested as the driver of a vehicle from which 116.14 litres of liquor were seized, alleged to be in violation of Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of knowledge about the cargo, no incriminating material in his possession, and no prior criminal record. The State opposed the bail, but the court noted the petitioner had been in custody since 31‑12‑2025 and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- driver
- liquor seizure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13241 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- Roshna District- Katihar
======================================================
Rahul Kumar Paswan S/O Shailendra Paswan R/O Village- Rameli, P.S.-
Rautara, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Roshna
P.S. Case No. 134 of 2025, instituted for the offences punishable
under Sections 30(a), 41 and 47 of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 116.14
liters liquor was recovered from car. Petitioner was arrested on
the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.13241 of 2026(2) dt.24-02-2026
2/2
further submitted that the petitioner is driver of the vehicle and
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 31.12.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Roshna P.S. Case
No. 134 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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