Patna High Court
Rahul Paswan @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners.
Summary
Petitioners Rahul Paswan and Sonu Kumar, the driver and co‑driver of a pick‑up van, were arrested in connection with the seizure of 1,512 litres of foreign liquor and charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act. They contended that the liquor was not recovered from their possession, they were unaware of the consignment, and they have no prior criminal record, having been in judicial custody since 30‑03‑2026. The State opposed their bail application, arguing the seriousness of the offence. After hearing both sides, the High Court considered the lack of direct possession, the petitioners’ clean antecedents, and the procedural lapse alleged in the seizure. The Court ordered that bail be granted to each petitioner on a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court, Excise‑2, Nawada.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure affects the bail decision.
- Whether the petitioners’ lack of knowledge and absence of criminal antecedents warrant bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41
- BNSS — s. 105
Subjects
- bail
- excise
- prohibition
- foreign liquor
- Section 30(a)
- Section 41
- seizure
- driver
- co‑driver
- knowledge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37072 of 2026
Arising Out of PS. Case No.-328 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
1. Rahul Paswan @ Rahul Kumar Son of Late Lalan Paswan Resident of
Village - Magalkuan, P.S.- Sohsarai, District - Nalanda.
2. Sonu Kumar Son of Om Prakash Chaudhary Resident of Village -
Magalkuan, P.S.- Sohsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Nawada Excise P.S. Case No.328 of 2026 registered for the
offence punishable under Sections 30(a) & 41 of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from a
pick-up van, altogether 1512 litres of foreign liquor was
recovered.
4. Learned counsel for the petitioners has submitted
that nothing has been recovered from the possession of these
petitioners. It has further been submitted that the witnesses of
Patna High Court CR. MISC. No.37072 of 2026(2) dt.18-06-2026
2/2
the seizure list are police personnel and police have not
complied Section 105 of the BNSS while making seizure. It has
been submitted that the petitioner no.1 is the driver and
petitioner no.2 is the co-driver of the said pick-up van. They
were unaware of the consignment. It has been submitted that the
petitioners are having no criminal antecedent and they are in
judicial custody since 30.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned Exclusive Special Court, Excise-2, Nawada in
connection with Nawada Excise P.S. Case No.328 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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