Bisweshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32031 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- NIMACHANDPURA District- Begusarai ====================================================== Bisweshwar Das S/O Laxmi Das R/O Village- Ajhaur, Ward No. 02, P.SNimachandpura, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Nimachandpura P.S. Case No.13 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

03. As per prosecution case, police received the information that petitioner has been trading illicit liquor from his house and a raid was conducted. The petitioner fled away from the spot and was identified by the local chowkidar. From the vacant land adjacent to the shop of the petitioner, 1.860 litre of country made liquor was recovered which was concealed beneath the soil.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.32031 of 2025(2) dt.20-05-2025 2/3 Nothing incriminating has been recovered from person or possession of this petitioner. The petitioner has no concern with the place from where recovery has been made or with the seized liquor. The petitioner is having antecedent of two cases of similar nature but he is on bail in all the cases.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioner and further considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned Exclusive Special Judge, Excise-II, Begusarai in connection with Nimachandpura P.S. Case No.13 of 2025, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain

Patna High Court CR. MISC. No.32031 of 2025(2) dt.20-05-2025 3/3 present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Anuradha/- U T