Ramesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2935 of 2025 Arising Out of PS. Case No.-586 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Ramesh Paswan S/o Mahendra Paswan Resident of Ward no. 10, Harpur Ailoth, Samastipur, P.S.- Musrigharari, Post Office- Harpur Ailoth, Pin Code848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Bishwambhar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. A bare perusal of the first information report and the seizure list would go to show that 453.750 liters of foreign liquor has been recovered from a Scorpio vehicle.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. During course of investigation, the name of the petitioner transpired in this case on the basis of the fact that he is the owner of the said vehicle. It is further submitted that the petitioner has already sold the

Patna High Court CR. MISC. No.2935 of 2025(4) dt.30-04-2025 2/2 said Scorpio to one Santosh Mahto on 21.11.2023 and a copy of the sale letter has been annexed as Annexure-P/2 to this application. The petitioner has nothing to do with the said liquor or the liquor business. No recovery has been made from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jokihat P.S. Case No.586 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Soni Shrivastava, J) Trivedi/- U T