Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27085 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== Jitendra Paswan S/O Late Mahanthi Paswan R/O Village- Bathuaha, P.SBabubarhi, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Babubarhi P.S.Case No.57 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the allegation made in the FIR, total 34 ltrs. of illicit liquor has been recovered from stack of rice husk (Puwal).

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the case. Petitioner has no concern either with the seized liquor or trade of liquor in any manner, which is prohibited in the State of Bihar. The seized liquor has

Patna High Court CR. MISC. No.27085 of 2025(2) dt.07-05-2025 2/2 been recovered from the open place, which is easily accessible to the general public.

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

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of the learned District and Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani/successor court in connection with Babubarhi P.S.Case No.57 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

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. (Purnendu Singh, J) chn/- U T