Patna High Court

Rahul Kumar Paswan @ Rahul KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to specified conditions.

Summary

The petitioner, Rahul Kumar Paswan, was arrested after 135 litres of liquor were recovered from a vehicle he was driving, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his possession. The State opposed bail, while the petitioner’s counsel highlighted his role as a driver, lack of concern with the liquor, and the absence of compliance with Section 103 of the B.N.S.S., 2023. Considering the facts, the period of custody since 31‑10‑2025, and the petitioner’s two prior criminal antecedents, the Court decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety and mandatory appearance at trial dates.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedents.

Legislation cited

B.N.S.S. — s. 103

Subjects

bail
excise
liquor seizure
Section 30(a)
driver
criminal antecedents
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.375 of 2026
                     Arising Out of PS. Case No.-411 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Rahul Kumar Paswan @ Rahul Kumar S/O Late Raj Kumar Paswan R/O
                 Vill.-Santu Nagar,Ward no9,P.S-Nagar, Distt-Madhubani

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Kumari Pallavi, Advocate
                 For the Opposite Party/s :        Mr.Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Sadar Excise P.S.

                   case No. 411 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 135 liters

                   liquor was         recovered from car and the petitioner was

                   arrested on spot.

                               4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in

                   the present case.             No incriminating material has been

                   recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.375 of 2026(2) dt.19-01-2026
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          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the petitioner is driver

          of the vehicle in question and he had no knowledge

          regarding nature of goods kept in the vehicle.                         The

          petitioner is in custody since 31.10.2025 and has got two

          criminal antecedents. There is no compliance of Section 103

          of B.N.S.S., 2023.

                      5. Learned A.P.P. 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 on

          furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with

          two sureties of the like amount each to the satisfaction of

          Court below/concerned Court                    in connection with Sadar

          Excise P.S. case No. 411 of 2025, subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member

          of the family of the petitioner.
           Patna High Court CR. MISC. No.375 of 2026(2) dt.19-01-2026
                                                       3/3




                                  (II) The petitioner shall appear on each and every

                     date fixed at the trial. In case of default in such appearance

                     on two consecutive dates, the Trial Court will have liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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