Rakesh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36114 of 2026
                       Arising Out of PS. Case No.-14 Year-2026 Thana- KACCHWA District- Rohtas
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                 Rakesh Paswan S/o Sudarshan Paswan @ Sipahi Resident of vill- Kaithi, P.S-
                 Kachchwa, Distt.- Rohtas
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmendra Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-06-2026                     The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Kachchwa P.S. Case No.14 of 2026 lodged on 30.01.2026,

                   for the offences punishable under Section 30(a) of the Excise

                   Act.

                                4. As per the prosecution, total recovery of 105 litres

                   of desi mahua liquor has been made which is the subject matter

                   of the present case.

                                5. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that the alleged recovery has not been made from

                   conscious possession of the petitioner rather as per the

                   allegation, the recovery has been made at the lonely place and

                   all accused persons are going with liquor of 35 litres each and
           Patna High Court CR. MISC. No.36114 of 2026(2) dt.02-06-2026
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                     this has been identified by the chowkidar and chowkidar has

                     personal grudge with the petitioner due to which the petitioner’s

                     name has come in the present case.

                                  6. Counsel submits that the criminal antecedent of the

                     petitioner is not clean as there is one criminal case lodged in the

                     year 2023 and for complete four years, there was no criminal

                     case lodged against him.

                                  7. Learned APP for the State opposes the prayer for

                     bail of the petitioner.

                                  8. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of Exclusive Special Judge Excise Court No.1

                     Rohtas at Sasaram, in connection with Kachchwa P.S. Case

                     No.14 of 2026, subject to the conditions as laid down U/s

                     482(2) of the BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T