The Supreme Court has expressed astonishment at a recent decision by the Patna High Court, which granted bail to an individual in custody, with the bail taking effect from a future date. Referring to the High Court's decision as "unexpected," the Supreme Court ordered the immediate temporary release of the Petitioner on bail.

The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal were dealing with a Special Leave Petition filed by one Rakesh Paswan challenging the Bihar High Court's order which had directed the release of Paswan on bail on completing 15 months in custody.

While issuing notice in Special Leave Petition, the Bench stated, "We have perused the impugned order. The impugned order records a finding that the petitioner is entitled to be released on bail. Surprisingly, the High Court has stated that he shall be released on bail but only after completing 15 months in custody."

The Bench in its order observed,"In the meanwhile, the petitioner shall be immediately enlarged on temporary bail on the terms and conditions incorporated in the paragraph 6 of the impugned order (except the condition that the petitioner shall be enlarged on bail only after completing 15 months)."

Advocate Pranay Dubey along with Advocate-on-Record Rameshwar Prasad Goyal appeared for the Petitioner while the State of Bihar was represented by Advocate Rishi K. Awasthi along with Advocate-on-Record Punit Vinay.

Case Brief -

The Petitioner was taken into custody in a case filed under various sections of the Bihar Prohibition and Excise (Amendment) Act, 2018, including Sections 30(a), 33, 36, and 38. Additionally, they faced charges under Sections 25(1-b)a, 26, and 35 of the Arms Act. The arrest resulted from the recovery of a country-made pistol, a live cartridge, as well as illicit liquor and spirits in the possession of the Petitioner.

In consideration of the duration of the petitioner's custody, the High Court granted the bail application. However, the Judge specified that the petitioner should be released on bail after spending 15 months in custody, provided they furnish bail bonds of Rs.10,000/- (Ten Thousand) and two sureties of the same amount each, to the satisfaction of the exclusive special Judge. Dissatisfied with this decision, the Petitioner sought relief from the Supreme Court

Case Title: Rakesh Paswan v. State Of Bihar

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