Patna High CourtCR. MISC./9363/2025bail granted

Jay Prakash Paswan @ Jay Prakash Kumar v. The State Of Bihar

2025-03-06Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9363 of 2025 Arising Out of PS. Case No.-477 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Jay Prakash Paswan @ Jay Prakash Kumar, S/O Late Devaki Paswan R/O Vill.- Mohammadpur Turi, P.S. Goraul (Katahara), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Goraul P.S. Case No. 477 of 2024 dated 25.11.2024 instituted for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation is of recovery of 2 litres country made liquor from the back of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house. The recovery has been made from the open place which is easily accessible to anyone. The petitioner has no

Patna High Court CR. MISC. No.9363 of 2025(2) dt.06-03-2025 2/2 concern with the said illicit liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Goraul P.S. Case No. 477 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1 - cum- Additional District and Sessions Judge, Vaishali at Hajipur subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T