Haridwar Paswan @ Haridwar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29189 of 2025 Arising Out of PS. Case No.-12 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Haridwar Paswan @ Haridwar Chaudhary Son of Pachu Paswan Resident of Village -Fulwariya (Sohda) PS- Rajauli Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the State :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Government Official P.S. Case No. 12 of 2013 dated 09.01.2013, registered for the offences punishable under Section 47(A) of the Bihar Prohibition and Excise Act.
3. As per allegation, 70 litre of country made liquor was seized from illegal adda of the petitioner where liquor was being served to the people.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged occurrence had taken place in the year, 2013, but the provisions of Bihar Prohibition
Patna High Court CR. MISC. No.29189 of 2025(2) dt.12-05-2025 2/3 and Excise Act, 2016 has been applied retrospectively which is not permissible.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Government Official P.S. Case No. 12 of 2013, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned
Patna High Court CR. MISC. No.29189 of 2025(2) dt.12-05-2025 3/3 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T