Patna High Court

Rakesh Kumar @ Rakesh Kumar PaswanversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Rakesh Kumar, a driver, was arrested on 23 November 2025 after 874.8 litres of liquor were recovered from a Bolero pick‑up and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted his clean record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. The Court, after considering the facts, the length of custody and the petitioner’s circumstances, decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court. The order emphasizes the need for the petitioner to appear on all trial dates, with bail cancellation possible upon default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise
driver
possession of liquor
Section 30(a)
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8160 of 2026
                     Arising Out of PS. Case No.-427 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Rakesh Kumar @ Rakesh Kumar Paswan S/o Shatrudhan Paswan @
                 Satrughna Paswan Resident of - Ward No. 14, Barbata, Sherpur Narsari,
                 Barah Batta, P.S. Sarairanjan, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rajapakar P.S. Case No. 427 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 874.800 liters

                   liquor was recovered from Bolero pick-up and the petitioner

                   was apprehended 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. The petitioner has got
Patna High Court CR. MISC. No.8160 of 2026(2) dt.10-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the vehicle in question rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          23.11.2025 and has got no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Rajapakar P.S. Case

          No. 427 of 2025, subject to the following conditions:

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

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.8160 of 2026(2) dt.10-02-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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