Rajesh Kumar @ Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18488 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Rajesh Kumar @ Rajesh Paswan Son of Vihara Paswan @ Bihari Paswan Resident of Village - Bara, P.S. - Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajauli P.S. Case No. 40 of 2025 dated 21.01.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and section 111 of the BNS.

3. As per the prosecution case, total 750 litres of illicit country made liquor was recovered from the five motorcycles and out of which 150 litres of illicit country made liquor was recovered from the motorcycle ridden by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from

Patna High Court CR. MISC. No.18488 of 2025(2) dt.09-04-2025 2/2 the conscious possession of the petitioner. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Rajauli P.S. Case No. 40 of 2025, with the condition- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T