Amirchan Paswan @ Amirchand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23350 of 2025 Arising Out of PS. Case No.-59 Year-2024 Thana- SHIVAJINAGAR District- Samastipur ====================================================== Amirchan Paswan @ Amirchand Paswan Son of Chlitar Paswan R/O Village - Usari, P.S.- Birol, District - Darbhanga (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar, Advocate.

For the Opposite Party/s :

Mrs.Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Madhav Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Asha Devi, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Shivajinagar P.S. Case No. 59 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 5.04 litres of foreign liquor from a motorcycle driven by co-accused Chanchal Kumar and Hero Kumar.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. The name of the petitioner surfaced in the case because he is the owner of the alleged motorcycle and his son was apprehended with that motorcycle. Petitioner has no concern with the seized liquor or trade of

Patna High Court CR. MISC. No.23350 of 2025(2) dt.30-04-2025 2/2 liquor in any manner. He has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the son of the petitioner was apprehended with the motorcycle of which the petitioner is the owner and the petitioner has no concern with the seized liquor or trade of liquor in any manner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Samastipur in connection with Shivajinagar P.S. Case No. 59 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T