Mahendr Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35483 of 2025 Arising Out of PS. Case No.-392 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Mahendr Paswan S/o Jagan Paswan @ Gagan Paswan R/o Village- Saraiya, PS- Amjhor, Dist- Rohtas ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Deepti Pandey, Advocate For the State :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Sasaram Excise PS. Case No.1044 of 2024 and FIR No. 392 of 2024 dated-22.11.2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022.
3. As per allegation, 105 litre of illicit liquor has been recovered from a bush situated on the bank of a river. As per further case of the police, it was the petitioner who kept the illicit liquor at the place of its recovery as seen by the public.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.35483 of 2025(2) dt.18-06-2025 2/3 case. He further submits that the petitioner has nothing to do with the alleged offence and the whole case is based only on suspicion. He also submits that there is no cogent evidence against the petitioner. He also submits that no prima facie case is made out against the petitioner under the Excise Act, and hence, this anticipatory bail is maintainable.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in three other cases in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection
Patna High Court CR. MISC. No.35483 of 2025(2) dt.18-06-2025 3/3 with Sasaram Excise PS. Case No.1044 of 2024 and FIR No. 392 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T