Arvind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30131 of 2025 Arising Out of PS. Case No.-159 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Arvind Paswan S/O Premchand Paswan R/O Village- Rampur, Ward No.8, P.S- Laukariya, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. A perusal of the first information report and the seizure list would go to show that a total 66.6 liters of foreign liquor has been recovered from a pick-up van.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as alleged in the F.I.R. There is no independent witness to support the prosecution case. Petitioner has been made accused in this case as he is the owner of the said pick-up van. As a matter of fact, petitioner had given the said pick-up van to his driver to

Patna High Court CR. MISC. No.30131 of 2025(2) dt.02-05-2025 2/2 ply on rent and he had no knowledge of the same being put to illegal use. It is also a fact that nothing has been recovered from the physical or conscious possession of the petitioner.

5. Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioner has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Patkhauli P.S. Case No.159 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J) Trivedi/- U T