Patna High Court
Rakesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond and attendance conditions.
Summary
The petitioner, Rakesh Paswan, was arrested in connection with a case (Karakat P.S. Case No. 433 of 2024) for alleged possession of 285 litres of illicit liquor under Section 30(a) of the Excise Act. He contended that he was falsely implicated, was not arrested at the scene, and no liquor was recovered from his possession. The High Court examined the bail application and, noting the lack of direct recovery from the petitioner, allowed the bail. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to appear at the police station every Sunday. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Excise Act where the accused claims false implication and no material was recovered from him
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- illicit liquor
- false implication
- police custody
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19984 of 2026
Arising Out of PS. Case No.-433 Year-2024 Thana- KARAKAT District- Rohtas
======================================================
Rakesh Paswan S/o Bahadur Paswan @ Ayodhya Ram R/o Village - Kirhi,
P.S- Karakat, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Karakat P.S. Case No. 433 of 2024 registered for the offence
under Sections 30(a) of the Excise Act.
3. As per the prosecution case, the recovery is of
285 liters of illicit liquor.
4. The petitioner is in custody since 9.1.2026 and it
has been submitted by the learned counsel for the petitioner that
the petitioner has falsely been implicated in this case. He further
submits that the petitioner is not arrested from the spot and
nothing has been recovered from the possession of the
petitioner.
5. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.19984 of 2026(3) dt.08-04-2026
2/2
is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Karakat
P.S. Case No. 433 of 2024.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Karakat Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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