Santosh Kumar Paswan @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25720 of 2024 Arising Out of PS. Case No.-1167 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Santosh Kumar Paswan @ Santosh Kumar S/o- Shyambabu Paswan @ Nanhki Paswan R/o- Village-Jamalabad Ward no. 7, PS- Ahiyapur, DisttMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Ahiyapur P.S.Case No.1167 of 2022 registered for the offences punishable under Sections 30(a) and 36 of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the allegation made in the FIR, 20 ltr. country-made liquor was recovered from near the house of the petitioner, kept in the plastic Jars.

4. Learned counsel appearing on behalf of the petitioner submitted that the said house does not belong to the petitioner. Learned counsel further submitted that neither the petitioner is involved in the business of the liquor nor he has

Patna High Court CR. MISC. No.25720 of 2024(3) dt.01-05-2024 2/2 concern with the said seized liquor.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned 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 Excise court no.1, Muzaffarpur/concerned court in connection with Ahiyapur P.S.Case No.1167 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below 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 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U