Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38796 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- Dhobaha District- Bhojpur ====================================================== Guddu Paswan Son of Late Saral Paswan Resident of Village - Tenua, Police Station - Ara Muffasil, District - Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to alleged recovery of 10 litres Indian country made liquor from a bridge. Petitioner was alleged to have fled away from the place of recovery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is

Patna High Court CR. MISC. No.38796 of 2025(2) dt.27-06-2025 2/3 innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of petitioner sprang up in this case on the basis of secret information, as a person who fled away from the place of seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Infact, the place of recovery is an open and unattended place, which is freely accessible to general public. It is further submitted that proper procedure of search and seizure has not been followed in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhobaha P.S. Case no. 111 of 2024, he will be enlarged on

Patna High Court CR. MISC. No.38796 of 2025(2) dt.27-06-2025 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court I, Bhojpur, Ara, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T