Shailendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35970 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== Shailendra Paswan S/o Lochan Paswan @ Ram Lochan Paswan R/o VillageMadhuban Mela Bajar, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar Mr. Hemant Ray For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 116 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, there was alleged recovery of 50.580 litre illicit liquor from the maize field. Local chowkidar disclosed the name of petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No. 35970 of 2025(2) dt.18-06-2025 2/3 alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that petitioner is not the owner of the maize field. He further submits that place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 No. 3, Motihari,

Patna High Court CR. MISC. No. 35970 of 2025(2) dt.18-06-2025 3/3 East Champaran in connection with Madhuban P.S. Case No.116 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T