Jaga Paswan @ Jagga Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34494 of 2025 Arising Out of PS. Case No.-213 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Jaga Paswan @ Jagga Paswan S/o Late Brijnandan Paswan R/o VillageKuldip Chhapra, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Saraiya P.S. Case No.213 of 2020 lodged on 06.04.2020 under Sections 272, 273 and 34 of the IPC read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 643.5 litres of foreign liquor have been alleged to be made from the hut of the petitioner, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner has been falsely implicated in the present case. He further submits that nothing has been recovered from conscious possession of the petitioner. He further submits

Patna High Court CR. MISC. No.34494 of 2025(2) dt.03-06-2025 2/2 that the alleged hut from where the recovery made, has been constructed at strange place for the purpose of agriculture.

5. Learned Counsel further submits that petitioner is in custody since 17.04.2025 having clean antecedent. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is clean.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge Excise-02, Muzaffarpur in connection with Saraiya P.S. Case No.213 of 2020, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T