Sachin Kumar @ Sachin Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33673 of 2025 Arising Out of PS. Case No.-110 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Sachin Kumar @ Sachin Paswan Ramo Sharma R/o Village- Ward No. 08, Bharra, Suja, Near Hanuman Mandir, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mr. Pritish Kumar Lal, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 110 C2 of 2021 for the offence under sections 30(a) of the Bihar Excise and Prohibition Act, 2018, lodged on 07.04.2021 by the informant, Gaurav Kumar.
3. As per the prosecution story, the informant alleged that on secret information, the (Banspatti) was raided and there is recovery/seizure of 26.28 litre of foreign liquor. The locals gave the name of the petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.33673 of 2025(2) dt.20-05-2025 2/3 perusal of the FIR would show that the recovery/seizure is from open place due to enmity, he has been named. The petitioner has no criminal antecedent.
5. Learned APP opposes the prayer submitting that his name has come on the basis of the information of the locals.
6. Taking into account the submissions of the parties as also that petitioner does not have criminal antecedent nor anything has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No.-II, Begusarai, in connection with Muffasil P.S. Case No.110C2 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.33673 of 2025(2) dt.20-05-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T