Shamsher Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9029 of 2025 Arising Out of PS. Case No.-436 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Shamsher Paswan S/o- Late Kamal Paswan Resident of village - Mohaddipur, P.s.- Chiraiya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chiraiya PS Case No. 436 of 2024 instituted for the offences under Sections 281 125(a) 125(b) of B.N.S. and 30(a) and 41 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 10 litres of country made liquor was recovered from motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.9029 of 2025(2) dt.19-02-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It is further submitted that petitioner was going to his house and during this course merely on suspicion villagers of the informant caught hold the petitioner and assaulted him and handed over him to the police with 10 litres liquor. The petitioner is in custody since 01.11.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya PS Case No. 436 of 2024, subject to the following

Patna High Court CR. MISC. No.9029 of 2025(2) dt.19-02-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T