Botu Paswan @ Botu Hajra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36154 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- RAMGARHWA District- East Champaran ====================================================== Botu Paswan @ Botu Hajra Son of Ramasharay Paswan Resident of village - Sishwaniya Pakhara, P.S.- Ramgardhawa, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ramgarhwa Police Station Case No. 29 of 2025, dated 31.01.2025, disclosing offence under Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner is selling liquor in his house, raided the place of occurrence and on seeing the police, one person fled away, who was identified by the chowkidar as the petitioner. On search, the police recovered 24.9 litres of illicit country-made liquor from the house of petitioner.

Patna High Court CR. MISC. No.36154 of 2025(2) dt.18-06-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the chowkidar. He further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch the house, in question, is joint property where other members of the family also reside. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is apparent that the illicit liquor has been recovered from the house of the petitioner, ccordingly, on perusal of the First Information Report and the seizure list, a prima facie case is made out against the petitioner and in view of the Full Bench decision of this Court, in Criminal Appeal (S.J.) No. 431 of 2019 (Ram Vinay Yadav v. The State of Bihar), I am not inclined to exercise my discretion for grant of anticipatory bail to petitioner.

6. This application is, accordingly, dismissed.

7. However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.36154 of 2025(2) dt.18-06-2025 3/3 concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit, if possible on the same date, without being prejudiced by the rejection of the present anticipatory bail application of the petitioner by this Court.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √