Patna High Court
Rakesh PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rakesh Paswan was arrested in connection with the alleged seizure of 198 litres of illicit liquor from a motorcycle and charged under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no possession of the liquor, that the seizure list lacked independent witnesses, and that the police failed to comply with Section 105 of the BNSS while preparing the list. He had been in judicial custody since 2 March 2026. The State opposed his bail, but the court, after considering the alleged procedural lapses and the lack of direct evidence against him, decided to grant regular bail. He was released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations under the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants bail.
- Whether the evidence presented by the prosecution justifies continued detention.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- illicit liquor
- procedural lapse
- seizure list
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28254 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- MAJORGANJ District- Sitamarhi
======================================================
Rakesh Paswan Son of Late Siyanandan Paswan Resident of village - Malahi
Police Station - Majorganj District-Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a
motorcycle, altogether 198 liters of illicit liquor was recovered.
The petitioner was apprehended on spot along with other co-
accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. He has no concern either with the
Patna High Court CR. MISC. No.28254 of 2026(2) dt.04-05-2026
2/2
alleged recovery of liquor or with the seized motorcycle. There
is no independent witness of the seizure list rather they are
police personnel. Police has not followed Section 105 of BNSS
while preparing the seizure list. Moreover, he is languishing in
judicial custody since 02.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Majorganj P.S. Case No. 82 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Judge 1st, Sitamarhi.
(Ashok Kumar Pandey, J)
shubham/-
U T
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