Chandra Paswan @ Chandar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10763 of 2025 Arising Out of PS. Case No.-69 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Chandra Paswan @ Chandar Paswan Son of Late Lochan Paswan Resident of Village - Gausai Bhumi Kaithahi, P.S. - Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Soban Asghar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Rajnagar P.S. Case No. 69 of 2024 dated 09.03.2024, instituted for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code or 247, 275, 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Amendment Act 2022.
3. The allegation is of recovery of 11 litres liquor from a place situated near pond apart from 7 litres liquor which is alleged to have been recovered from the house of Bhikari Giri.
Patna High Court CR. MISC. No.10763 of 2025(2) dt.28-03-2025 2/3
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 or from the house of petitioner. As per the allegation, the alleged liquor was recovered from a place situated near a pond which is an open space and accessible to all. Learned counsel submitted that the said liquor does not belong to the petitioner. It is next submitted that petitioner has no concern with co-accused Bhikari Giri and only on the basis of suspicion, petitioner has been made accused in this case. It is further submitted that similarly situated coaccused person namely, Pankaj Kumar Paswan, Manoj Paswan, Tetar Paswan, Doma Paswan have been granted bail vide order dated 30.07.2024 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 51840 of 2024. Lastly, it has been submitted that petitioner has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for 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 Rajnagar P.S. Case
Patna High Court CR. MISC. No.10763 of 2025(2) dt.28-03-2025 3/3 No. 69 of 2024, he/they shall be released on anticipatory 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 Additional District and Session Judge-II Cum Special Justice (Excise Act), Madhubani, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T