Aklu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7673 of 2025 Arising Out of PS. Case No.-769 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Aklu Paswan S/o Saryug Paswan R/o Vill.- Madhurapur, P.S - Bidupur, District - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-03-2025 Heard Mr. Vinay Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Rajiv Nayan, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bidupur P.S. Case No. 769 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation is of recovery of 10 litres of country made liquor from a banana orchard.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone. The

Patna High Court CR. MISC. No.7673 of 2025(2) dt.06-03-2025 2/3 petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1 cum Additional District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 769 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.7673 of 2025(2) dt.06-03-2025 3/3 3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T