Patna High CourtCR. MISC./21168/2025bail rejected

Rahul Paswan v. The State Of Bihar

2025-04-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21168 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Rahul Paswan S/o Ram Sharan Paswan R/o vill - Rampur Alauli, P.S.- Alauli, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Alauli P.S. Case No.118 of 2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution, the total recovery of 35 litres of country made liquor has been made, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only on suspicion of Chowkidar. Counsel further submits that criminal antecedent of the

Patna High Court CR. MISC. No.21168 of 2025(2) dt.23-04-2025 2/2 petitioner is not clean as there are three cases pending against him in which in all the cases, he is on bail.

5. Counsel further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are three cases pending against him and this aspect must be taken into consideration.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order, considering ingredients of the allegation made in the FIR, without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T