Tufani Pasi @ Manish Kumar Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31025 of 2025 Arising Out of PS. Case No.-477 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Tufani Pasi @ Manish Kumar Pasi, S/o- Late Mahesh Pasi, Resident of Village - Vishunpura, P.S. - Mairwa, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 477 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation against the petitioner is of involved in trade of illicit wine; the police conducted raid at Vishunpura Bazar. However, noticing the police party, five persons who were assembled there succeeded in fleeing away. In course of search, total 50 lts. of Mahua liquor was recovered. The local Chowkidar identified the persons, who succeeded in fleeing away and one of them is said to be petitioner.
4. Learned counsel for the petitioner taking this Court
Patna High Court CR. MISC. No.31025 of 2025(2) dt.20-05-2025 2/3 through the FIR and the seizure list has contended that the alleged recovery has been made from the market, which is an open place and easily accessible to all. Identification of the petitioner by the local Chowkidar also does not inspire confidence as they are the persons of different places. There are various other infirmities in search and seizure, coupled with the non-compliance of Sections 103 and 105 of the BNSS. Moreover, the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceedings of the Court.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place, coupled with the fair antecedent and the lack of materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the above named petitioner, be released on 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
Patna High Court CR. MISC. No.31025 of 2025(2) dt.20-05-2025 3/3 Exclusive Special Judge Excise, Court No.1, Siwan in connection with Mairwa P.S. Case No. 477 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T