Subodh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14775 of 2025 Arising Out of PS. Case No.-552 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Subodh Paswan S/O Late Vilas Paswan, R/o village - Sirauli, P.S.- Garahiya (O.P.), Dist.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Usha Kumari, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Madhuban P.S. (Garahiya O.P.) Case No.552 of 2024 instituted under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, there is total recovery of 30 liters illicit liquor from the motorcycle which was seized by the Police. It is alleged that the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner was not present at the place of occurrence and nothing incriminating material has been

Patna High Court CR. MISC. No.14775 of 2025(2) dt.02-04-2025 2/2 recovered by the Police from the physical possession and house of the petitioner. Learned counsel submits that petitioner has no concern with the seized motorcycle or seized illicit liquor. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Excise Court, Motihari, East Champaran in connection with Madhuban P.S. (Garahiya O.P.) Case No.552 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T