Munni Paswan @ Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26550 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Munni Paswan @ Sanjay Paswan S/O Arjun Kumar Paswan @ Doda Paswan Resident of Vilalge- Machaua , P.S.- Ara Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Ara Town P.S. Case No. 130 of 2025 instituted under Sections 30(a), 34, 36, 41(1) of the Bihar Prohibition and Excise Act lodged on 22.02.2025 by the informant, Lal Babu Kumar.

3. As per the FIR, the Police during patrolling intercepted a motorcycle and there is recovery/seizure of 20 liters of 'Mahua'. This led to the FIR.

4. Learned counsel for the petitioner submits that neither he has criminal antecedent nor the motorcycle belongs to him but due to local enmity, implicated.

5. Learned APP opposes the prayer.

6. Taking into account the aforesaid facts as also that

Patna High Court CR. MISC. No.26550 of 2025(2) dt.15-05-2025 2/3 the petitioner does not own the motorcycle nor has criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Ara Town P.S. Case No. 130 of 2025 to the satisfaction of learned Exclusive Special Judge-1st, Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation

Patna High Court CR. MISC. No.26550 of 2025(2) dt.15-05-2025 3/3 and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T