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Patna High CourtCR. MISC./18609/2025allowed

Rakesh Paswan v. The State Of Bihar

2025-04-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18609 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- DEEPNAGAR District- Nalanda ====================================================== Rakesh Paswan, Son of Awadhesh Paswan, Resident of Village- Manichak, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No. I, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2025 Heard Mr. Anil Kumar No. I, learned counsel for the petitioner and Mr. Md. Ataur Rahman, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Deep Nagar P.S. Case No. 11 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the bushes near the house of the petitioner, altogether 30 liters of country made liquor like substance was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.18609 of 2025(2) dt.18-04-2025 2/2 case. Nothing has been from his possession rather the recovery has been made from open place. He is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Deep Nagar P.S. Case No.11 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-V-cum-Special Judge (Excise), Biharsharif, Nalanda /concerned Court, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T