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2026 DAILYLAW 16567 (PAT)

Rakesh Paswan v. The State of Bihar

CR. MISC./28254/2026 · 2026-05-04

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28254 of 2026 Arising Out of PS. Case No.-82 Year-2026 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rakesh Paswan Son of Late Siyanandan Paswan Resident of village - Malahi Police Station - Majorganj District-Sitamarhi ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from a motorcycle, altogether 198 liters of illicit liquor was recovered. The petitioner was apprehended on spot along with other co- accused persons. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has been falsely implicated in this case. He has no concern either with the Patna High Court CR. MISC. No.28254 of 2026(2) dt.04-05-2026 2/2 alleged recovery of liquor or with the seized motorcycle. There is no independent witness of the seizure list rather they are police personnel. Police has not followed Section 105 of BNSS while preparing the seizure list. Moreover, he is languishing in judicial custody since 02.03.2026. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Majorganj P.S. Case No. 82 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 1st, Sitamarhi. shubham/- (Ashok Kumar Pandey, J) U T