Satyendra Paswan @ Satendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7654 of 2025 Arising Out of PS. Case No.-415 Year-2024 Thana- Daudnagar Excise District- Aurangabad ====================================================== Satyendra Paswan @ Satendra Paswan, aged about 36 years (male), Son of late Ramdev Paswan, Resident of village- Kurmain (Ahra Par), P.S.- Obra, District- Auranagabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2025 Heard Mr. Aman Vishal, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Daudnagar Excise P.S. Case No. 415 of 2024 registered for the offence punishable under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Altogether 35 litres of spirit along with empty bottles and rappers were recovered from near the bushes.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the case. Petitioner has no concern either with the seized spirit or the materials for use of
Patna High Court CR. MISC. No.7654 of 2025(2) dt.07-03-2025 2/3 manufacturing of liquor. Petitioner is not involved either in trade of illicit liquor or in the manufacturing of illicit liquor. The place of recovery is an open place which is accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
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 facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court 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 Special Judge, Excise, Second, Aurangabad (Bihar), in connection with Daudnagar Excise P.S. Case No. 415 of 2024, subject to the condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.7654 of 2025(2) dt.07-03-2025 3/3 the BNSS, 2023.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T