Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18616 of 2025 Arising Out of PS. Case No.-204 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Rajesh Paswan S/O Srichand Paswan R/O Village- Jamune, P.S- Chandauti, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Chandauti P.S. Case no. 204 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel, it is stated that the petitioner as also one Pinku Paswan threw the sacks that they were carrying and managed to escape. They were identified by the chowkidar. It is further states that on search of the sacks thrown by them, 50 litres each of country liquor was recovered from the same.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession nor was any sack thrown by them as alleged in the

Patna High Court CR. MISC. No.18616 of 2025(2) dt.15-04-2025 2/2 FIR. Co-accused Pinku Paswan has been enlarged on anticipatory bail vide order dated 28.1.2025 passed in Cr. Misc. no.85421 of 2024. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, no incriminating article having been recovered from the petitioner's possession, grant of bail to co-accused Pinku Paswan by the aforesaid order dated 28.1.2025 and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chandauti P.S. Case no. 204 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.-4, Gaya.

(Partha Sarthy, J) Shiv/- U T