Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14296 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Upendra Paswan son of Tikan Paswan Village- Morbey PS- Gurua Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sirdalla PS Case No. 01 of 2025 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 110 litres of country made liquor was recovered from Tempo. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner

Patna High Court CR. MISC. No.14296 of 2025(2) dt.06-03-2025 2/2 nor the driver of the seized vehicle. It is further submtited that petitioner is the passerby of the way. The petitioner is in custody since 01.01.2025 and has got no criminal antecedent. 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 petitioner. 6.

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

Let the petitioner 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 Sirdalla PS Case No. 01 of 2025.

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