Ram Janam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9590 of 2025 Arising Out of PS. Case No.-598 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Ram Janam Paswan Son of Bagad Paswan Resident of Village - Semra, P.S. - Muffasil, District - East Champaran 2.

Baleshwar Paswan Son of Bagad Paswan Resident of Village - Semra, P.S. - Muffasil, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Motihari Muffasil PS Case No. 598 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 80 litres of country made liquor was recovered from motorcycle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.9590 of 2025(2) dt.20-02-2025 2/2 submitted that motorcycle in question do not belong to the petitioners. The petitioners are in custody since 03.12.2024. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners 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 Motihari Muffasil PS Case No. 598 of 2024.

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