Vivek Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39600 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Vivek Kumar Paswan S/o- Dharmendra Paswan @ Dharm Paswan R/o Village- Bagewa Tola Kuar Ward- 07 P.S. Jaynagar, District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashad, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with GR No. 480 of 2025 arising out of Jaynagar P.S. Case No. 119 of 2025 instituted for the offences punishable under Sections 274, 275, 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1440 litres of liquor was recovered from eight motorcycles.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.39600 of 2025(2) dt.24-06-2025 2/2 that petitioner is not the owner of the vehicles in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 09.04.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GR No. 480 of 2025 arising out of Jaynagar P.S. Case No. 119 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T