Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35145 of 2025 Arising Out of PS. Case No.-159 Year-2024 Thana- KARTAHA District- Vaishali ====================================================== Chandan Paswan Son of Sagar Paswan R/O Village- Ghataro Pokhara, P.S.- Kartahan, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kartahan P.S. Case no.159 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having being received about the accused persons being involved in the sale of liquor, a raid was conducted. It is stated that while Manoj Paswan and Shivji Paswan were caught, the other accused persons managed to escape. 45 litres of country liquor was recovered. It is further stated that the accused who were caught disclosed the names of the accused who had managed to escape and which included the petitioner herein.

4. Learned counsel for the petitioner submits that from the contents of the FIR itself it would transpire that neither

Patna High Court CR. MISC. No.35145 of 2025(2) dt.04-06-2025 2/2 the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has no concern with the seized articles and has no antecedent under the Bihar Prohibition and Excise Act, 2016.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, no incriminating article having been recovered from the petitioner's possession, the petitioner not having been arrested at the spot and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, 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 Kartahan P.S. Case no.159 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 Exclusive Special Excise Court no.-I-cum-Additional District & Sessions Judge, Vaishali at Hajipur. (Partha Sarthy, J) Shiv/- U T