Arvind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6906 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- Excise P.S. District- Sheohar ====================================================== Arvind Paswan Son of Late Raghu Paswan Resident of Surgahi, Ward No. 04, P.S.- Tariyani, District -Sheohar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sheohar Excise Police Station Case No. 192 of 2024, dated 11.08.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner, along with his wife, is selling liquor from his house, reached the place of occurrence and on seeing the police, one male and one lady started fleeing away, but the police apprehended the lady, while another succeeded in fleeing away, who disclosed her name as Leelam Devi, wife of the petitioner. The apprehended lady disclosed the name

Patna High Court CR. MISC. No.6906 of 2025(2) dt.21-03-2025 2/3 of the petitioner as the person who fled away. On search, the police recovered 10 litres of illicit liquor kept under the stairs of the house of co-accused Leelam Devi.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by his wife before the police. He further submits that the petitioner has got no criminal antecedent and from the seizure list, it would be evident that the illicit liquor has been recovered from the house of the wife of the petitioner.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that from the First Information Report and the seizure list, it is evident that the illicit liquor has been recovered from the house of co-accused Leelam Devi, who was apprehended by the police at the spot and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.6906 of 2025(2) dt.21-03-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Sheohar, in connection with Sheohar Excise Police Station Case No. 192 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √