Pradeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34658 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Pradeep Paswan S/o Binda Paswan Resident of Village- Semra, Bhola Tola, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 39 of 2025 for the offence registered under sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, the informant alleged that on secret information, behind the shop of the petitioner, 18 liter country made liquor recovered/seized. This led to the FIR.

4. Learned Counsel for the petitioner submits that neither anything has been recovered from his conscious possession nor from his shop, rather from the back of it and only because of criminal antecedent, got implicated.

5. Learned APP for the State, on the other hand,

Patna High Court CR. MISC. No.34658 of 2025(2) dt.22-05-2025 2/3 opposes the prayer for anticipatory bail submitting that he has criminal antecedent.

6. Considering the submissions of the parties as also the recovery which is from an open place, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 39 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date 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

Patna High Court CR. MISC. No.34658 of 2025(2) dt.22-05-2025 3/3 police station every fortnight for next six months to mark 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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T