Satto Paswan @ Shatrudhan Paswan @ Aiya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5890 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- Bhalpatti District- Darbhanga ====================================================== Satto Paswan @ Shatrudhan Paswan @ Aiya Paswan, Son of Late Budur Paswan, Resident of Village- Majhrahiya Dularpur, P.S.- Bhalpatti, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Anand, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Bhalpatti P.S. Case No. 105 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 28 litres of IMFL/country made liquor from a Bush.

4. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor appears to be made from a bush grown near to the house of this petitioner, which is an open place and accessible by general public. It is submitted that the alleged recovery not appears to be made from

Patna High Court CR. MISC. No.5890 of 2025(2) dt.15-02-2025 2/2 physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of alleged illicit liquor not appears prima facie to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-I, (Excise Act), Darbhanga/concerned Court, where the case is pending in connection with Bhalpatti P.S. Case No. 105 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T