Patna High Court
Rajesh Kumar Paswan @ Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and personal surety conditions and strict compliance with trial attendance.
Summary
The petitioner, Rajesh Kumar Paswan, was arrested as the driver of a truck from which 1334.52 litres of liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership of the vehicle, and possessed no incriminating articles, asserting lack of knowledge about the cargo. The prosecution opposed bail, while the petitioner’s counsel highlighted the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and his limited custodial period since 29‑12‑2025. The court, considering these facts and the petitioner’s single prior criminal antecedent, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the requirement that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- What is the applicability of bail provisions to an offence under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner, as a driver without knowledge of the cargo, can be considered a principal offender for bail purposes.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- driver liability
- false implication
- Section 103 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15785 of 2026
Arising Out of PS. Case No.-717 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Rajesh Kumar Paswan @ Rajesh Paswan S/O Shiv Kailash Paswan Resident
of Jaishri, P.S.- Karkat, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bikramganj P.S. Case No. 717 of 2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 1334.52
litres of liquor was recovered from truck.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.15785 of 2026(2) dt.11-03-2026
2/3
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 29.12.2025 and has
one criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika 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, after framing
of charge, if not already framed, 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 Bikramganj P.S.
Case No. 717 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.15785 of 2026(2) dt.11-03-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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