Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10694 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- SHIKARGANJ District- East Champaran ====================================================== Dinesh Paswan S/o Late Ram Ayodhya Paswan R/o Village - Harnaraina, P.S.- Shikarganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Shikarganj P.S. Case no.109 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a raid being conducted, it is stated that the accused persons managed to escape. The accused who escaped were identified by the Choukidar as the petitioner herein and two others. A total of 54 litres of nepali country liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. From the contents of the FIR itself, it would be evident that the alleged

Patna High Court CR. MISC. No.10694 of 2025(2) dt.07-03-2025 2/2 recovery is said to have taken place from near the house of coaccused Rakesh Mandal. The petitioner has no concern with the seized liquor nor does he has any criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner not having been arrested at the spot and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Shikarganj P.S. Case no.109 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.3, East Champaran, Motihari.

(Partha Sarthy, J) Saurabh/- U T