Kishun Pasi @ Shree Kishun Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37819 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Kishun Pasi @ Shree Kishun Pasi Son of late Satyanarayan Pasi R/O Vill.- Piprad, P.S.- Nawanagar, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Dimpal Kumari, Advocate.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Dimpal Kumari, learned counsel appearing on behalf of the petitioner and Mr. Akshay Lal Pandit, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Nawanagar (Sonbarsha O.P.) P.S. Case No. 89 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 10 litres of country made liquor from outside the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone. The petitioner has clean

Patna High Court CR. MISC. No.37819 of 2024(2) dt.26-06-2024 2/3 antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-II, Buxar in connection with Nawanagar (Sonvarsha O.P.) P.S. Case No. 89 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.37819 of 2024(2) dt.26-06-2024 3/3 3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T