Amit Kumar Paswan @ Lallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33724 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== Amit Kumar Paswan @ Lallu S/O Bihari Paswan R/O Habibhaur, Ward no. 6, P.s.- Bahora, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Advocate For the Opposite Party/s :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioner in connection with Bahera P.S. Case no.118 of 2025 registered under sections 30(a), 30(c), 30(d) and 33 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on seeing the police party, the accused tried to make an escape but was apprehended on the spot. On search, 40 liters of foreign liquor along with 10 liters spirit were recovered in a field of one Ashok Jha.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner or from his
Patna High Court CR. MISC. No.33724 of 2025(2) dt.27-05-2025 2/2 house and also the petitioner is not the owner of the field. The field is an open space which is accessible to everyone. The petitioner has one criminal antecedent, however he is on bail in the said case. Petitioner is in custody since 31.03.2025 and undertakes to cooperate in the case/trial. Charge-sheet has been submitted in the case.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Bahara P.S. Case no.118 of 2025 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 Special Judge Excise Act-II, Darbhanga. (Soni Shrivastava, J) Harsh/- U T