Amit Paswan @ Amit Kumar Paswan @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19351 of 2026 Arising Out of PS. Case No.-56 Year-2024 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Amit Paswan @ Amit Kumar Paswan @ Amit Kumar Son of Om Prakash Paswan @ Late Om Prakash Paswan R/O Village - Titaichak, P.S.- Chanan, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2026 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 07.02.2026 in connection with Bannubagicha P.S. Case No. 56 of 2024, F.I.R. dated 10.08.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 10 liters of Mahua liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from motorcycle in question. Petitioner is not the owner of the motorcycle in question and he has been initially arrested in
Patna High Court CR. MISC. No.19351 of 2026(2) dt.31-03-2026 2/3 Chanan P.S. Case No.06 of 2026, thereafter he has been remanded in this case, only on suspicion as well on the basis of his previous criminal antecedents. Infact the motorcycle in question belongs to one Geeta Kumari and she has been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 14.11.2024 in Cr. Misc. No.77141 of 2024. He next submits that during investigation one witness, namely Luton Manjhi, on suspicion disclosed the name of the petitioner and the petitioner is in custody since 07.02.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries three criminal antecedent other than the present one of similar nature.
6. Considering the aforesaid facts and circumstances as well as the fact that the owner of the alleged motorcycle in question has been granted anticipatory bail by co-ordinate Bench of this Court and petitioner has been remanded in the present case only on the basis of suspicion, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions JudgeVII-cum-Exclusive Special Excise Court-II, Lakhisarai in
Patna High Court CR. MISC. No.19351 of 2026(2) dt.31-03-2026 3/3 connection with Bannubagicha P.S. Case No. 56 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T