Lalji Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20051 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Bikramganj Excise District- Rohtas ====================================================== Lalji Paswan, S/O Late Baban Paswan, R/O Village- Bhanas Tola, P.SBhanas, Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21556 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Bikramganj Excise District- Rohtas ====================================================== Pappu Yadav @ Bimlesh @ Nilesh Kumar Yadav, S/O Vijay Yadav @ Vijay Kumar Yadav, R/O Village- Bhanas Tola, P.S- Bhanas, Distt.- Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 20051 of 2025) For the Petitioner :
Mr. Babu Nandan Prasad, Advocate.
For the State :
Mr. Anil Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 21556 of 2025) For the Petitioners :
Mr. Babu Nandan Prasad, Advocate.
For the State :
Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Both the cases arise out of the same P.S. Case and hence, both are being disposed of with a common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with
2/4 Bikramganj Excise P.S. Case No. 52 of 2025 dated 25.02.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
4. As per allegation, 596.760 litres of illicit liquor has been recovered from a Bamboo bush situated to the south of the village Bhanas Tola and as per further allegation, the petitioners are alleged to have seen fleeing away from the place of occurrence.
5. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the place from where the recovery is made, is accessible to Public at large. He also submits that the recovery has not been made either from personal possession of the petitioners or from their house.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of
3/4 the petition that the petitioner of Cr. Misc. 20051 of 2025 has been made accused in two other cases in which he is on bail whereas petitioner of Cr. Misc. 21556 of 2025 has no criminal antecedent.
8. learned APP for the State vehemently oppose the prayer of the Petitioners for bail.
9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Bikramganj Excise P.S. Case No. 52 of 2025 subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall
4/4 cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T