Suraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29145 of 2026 Arising Out of PS. Case No.-98 Year-2026 Thana- KESARIA District- East Champaran ====================================================== Suraj Paswan S/o Bhagirath Paswan, Resident of Village - Kadhan, P.S. - Kesariya, Dist. - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-05-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kesariya P.S. Case No.98 of 2026 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 22.680 liters from the house of petitioner. It is alleged that petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has no connection either with the alleged seized liquor or with the house from where the alleged recovery has been made. Learned counsel submits that petitioner was not present on the spot and no

Patna High Court CR. MISC. No.29145 of 2026(2) dt.06-05-2026 2/2 incriminating article has been recovered from his conscious possession. He further submits that petitioner is a young boy of 26 years, having got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as his clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No.-III, East Champaran, Motihari/ concerned Court in connection with Kesariya P.S. Case No.98 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T