Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36114 of 2026 Arising Out of PS. Case No.-14 Year-2026 Thana- KACCHWA District- Rohtas ====================================================== Rakesh Paswan S/o Sudarshan Paswan @ Sipahi Resident of vill- Kaithi, P.SKachchwa, Distt.- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard Learned Counsel for the petitioner and Learned APP for the State.

3. The petitioner is apprehending arrest in connection with Kachchwa P.S. Case No.14 of 2026 lodged on 30.01.2026, for the offences punishable under Section 30(a) of the Excise Act.

4. As per the prosecution, total recovery of 105 litres of desi mahua liquor has been made which is the subject matter of the present case.

5. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged recovery has not been made from conscious possession of the petitioner rather as per the allegation, the recovery has been made at the lonely place and all accused persons are going with liquor of 35 litres each and

Patna High Court CR. MISC. No.36114 of 2026(2) dt.02-06-2026 2/2 this has been identified by the chowkidar and chowkidar has personal grudge with the petitioner due to which the petitioner's name has come in the present case.

6. Counsel submits that the criminal antecedent of the petitioner is not clean as there is one criminal case lodged in the year 2023 and for complete four years, there was no criminal case lodged against him.

7. Learned APP for the State opposes the prayer for bail of the petitioner.

8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge Excise Court No.1 Rohtas at Sasaram, in connection with Kachchwa P.S. Case No.14 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Prakashmani/- U T