Patna High Court

Rakesh PaswanversusThe State of Bihar

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

Holding

The Court held that anticipatory bail should be granted, as there is no prima facie case and the procedural requirement under Section 103 has not been complied with.

Summary

The petitioner, Rakesh Paswan, sought anticipatory bail fearing arrest in a case (PS No. 518 of 2025) under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, where 12 litres of liquor were allegedly recovered. He contended that he was falsely implicated, had no knowledge of the recovery, and that the liquor was found in a public place, rendering the case prima facie weak. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing a bail bond of Rs. 15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted in the present case under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether there exists a prima facie case against the petitioner under the Bihar Prohibition and Excise Act.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91271 of 2025
                 Arising Out of PS. Case No.-518 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Rakesh Paswan Son of Late Indradeo Paswan R/o Vill. - Barabariyarpur, P.S. -
                 Chhatauni, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, 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 apprehends his arrest in connection

                   with Chhatauni P.S. Case No. 518 of 2025 instituted for the

                   offences punishable under Sections 30(a), 37 of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 12 litres

                   of liquor was recovered from plastic sac.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner has no

                   knowledge and concern with the alleged recovery. Learned

                   counsel further submitted that the alleged recovery has been
           Patna High Court CR. MISC. No.91271 of 2025(2) dt.19-01-2026
                                                       2/2




                     made from an open place which is accessible to public at large.

                     Learned counsel further submitted that, prima-facie, no case is

                     made out against the petitioner. The petitioner has one criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika 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, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory 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 Chhatauni P.S. Case

                     No. 518 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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