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Patna High Court

Rahul Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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