Babu Sahab Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24048 of 2026 Arising Out of PS. Case No.-71 Year-2025 Thana- HASAN BAZAR District- Bhojpur ====================================================== Babu Sahab Paswan S/o Butan Paswan @ Surendra Paswan @ Sumendra paswan Resident of Village - Majhiaw, P.S.- Hasanbazar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Hasan Bazar P.S. Case No.71 of 2025 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 40 liters of illicit country made Mahua liquor was recovered from an Apache motorcycle bearing Reg. No. BR-04R-7316. It is alleged that petitioner managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case based merely upon the disclosure statement made by the co-accused Rohit Kumar. He further submits that the petitioner has no concern either with the alleged seized liquor or with the seized motorcycle as the same does not belong to him. Learned counsel submits that petitioner was not present on the spot and

Patna High Court CR. MISC. No.24048 of 2026(2) dt.17-04-2026 2/2 no incriminating material has been recovered from his conscious possession. He further submits that except the disclosure statement, there is no material against the petitioner. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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.2, Bhojpur at Ara/ concerned Court in connection with Hasan Bazar P.S. Case No.71 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) Ritik/- U T