Manjay Paswan @ Manjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34984 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== Manjay Paswan @ Manjit Paswan S/o- Bimal Paswan R/vill- Raghunathpur Basant, P.S.- Kudhani, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Prakash, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-06-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kudhani P.S. Case no.237 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioner along with his wife involved in the business of liquor, the police party conducted raid and 10 liters of country made liquor along with incriminating articles were recovered from the petitioner's house. It is further alleged that petitioner's wife was arrested and took her into custody.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the physical or conscious possession of the petitioner and the recovery has been shown from his house

Patna High Court CR. MISC. No.34984 of 2025(4) dt.30-06-2025 2/2 which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.N.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Considering the aforesaid facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kudhani P.S. Case no.237 of 2024 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 Excise Judge Court-II, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T