Anil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26403 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== 1.
Anil Paswan S/o Late Lakhan Paswan R/o Village- Simrehat, P.S.- Roughanganj, District- Gaya 2.
Karu Rikiyasan S/o Late Husaini Rikiysan R/o Village- Simrehat, P.S.- Roughanganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Excise Thana, Sherghati Excise Case No. 43 of 2025 instituted for the offences punishable under Sections 30(a), 32(c) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 65 litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.26403 of 2025(2) dt.28-04-2025 2/2 that petitioners are not the owner of the vehicle in question. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 11.02.2022 and have no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Thana, Sherghati Excise Case No. 43 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T