Rahul Paswan @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37072 of 2026 Arising Out of PS. Case No.-328 Year-2026 Thana- Excise P.S. District- Nawada ====================================================== 1.

Rahul Paswan @ Rahul Kumar Son of Late Lalan Paswan Resident of Village - Magalkuan, P.S.- Sohsarai, District - Nalanda. 2.

Sonu Kumar Son of Om Prakash Chaudhary Resident of Village - Magalkuan, P.S.- Sohsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Nawada Excise P.S. Case No.328 of 2026 registered for the offence punishable under Sections 30(a) & 41 of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution, in short, is that from a pick-up van, altogether 1512 litres of foreign liquor was recovered.

4. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of these petitioners. It has further been submitted that the witnesses of

Patna High Court CR. MISC. No.37072 of 2026(2) dt.18-06-2026 2/2 the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. It has been submitted that the petitioner no.1 is the driver and petitioner no.2 is the co-driver of the said pick-up van. They were unaware of the consignment. It has been submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 30.03.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Court, Excise-2, Nawada in connection with Nawada Excise P.S. Case No.328 of 2026. (Ashok Kumar Pandey, J) durgesh/- U T