Patna High CourtCR. MISC./31470/2025bail granted

Shivku Paswan v. The State Of Bihar

2025-05-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31470 of 2025 Arising Out of PS. Case No.-59 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Shivku Paswan Son of Dukhi Paswan Resident of Village - Bhachhi, Via - Anandpur, P.S.- Baheri, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Thakur, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Town P.S. Case No. 59 of 2024 corresponding to GR No. 190 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 315 litres of liquor was recovered from tempo.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the name of the petitioner has transpired in this case as

Patna High Court CR. MISC. No.31470 of 2025(2) dt.13-05-2025 2/2 being owner of the vehicle and he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 22.02.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town P.S. Case No. 59 of 2024 corresponding to GR No. 190 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T