Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21586 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Sanjay Paswan, S/o- Late Ramji Paswan, Resident of Daroga Tola, P.S.- Banjariya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 574 and 275 of the B.N.S.S. and under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 42.1 liter of foreign liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner was granted anticipatory bail vide Cr. Misc. Case No.88539 of 2024 vide order dated 10.01.2025 but prior to that he was arrested and this fact could not be brought before this Court. It has been submitted that nothing has been recoverd from
Patna High Court CR. MISC. No.21586 of 2025(2) dt.04-04-2025 2/2 the conscious possession of this petitioner. The illicit liquor has been recovered from the joint house. The petitioner has no concern with the alleged liquor. The petitioner is having no criminal antecedent. The petitioner is in custody since 29.12.2024.
5. Learned APP appearing for the State has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banjariya P.S. Case No. 244 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of Exclusive Special Excise court No.1, East Champaran, Motihari.
(Ashok Kumar Pandey, J) durgesh/- U T