Niraj Kumar @ Niraj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16546 of 2025 Arising Out of PS. Case No.-8 Year-2024 Thana- Pachpakdi District- East Champaran ====================================================== Niraj Kumar @ Niraj Paswan S/o- Hari Kishore Prasad @ Hari Kishore @ Kishori Paswan Village- Nayagaon Mahutawa Ps- Piprahi Dist- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv For the Opposite Party/s :
Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Pachpakari P.S. Case No. 08 of 2024 registered for the offences punishable under Sections 30 (a) & 41 (1) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 26.400 litres of IMFL/country made liquor.
Patna High Court CR. MISC. No.16546 of 2025(3) dt.22-05-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from the motorcycle of this petitioner, which was sold by him before the occurrence. It is submitted that recovery of alleged illicit liquor was not made from the physical possession of this petitioner, who is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor primafacie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, East Champaran, Motihari/concerned Trial Court where the case is pending in connection with Pachpakari
Patna High Court CR. MISC. No.16546 of 2025(3) dt.22-05-2025 3/3 P.S. Case No. 08 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T