Patna High CourtCR. MISC./38726/2025bail granted

Rupesh Paswan @ Rupesh Kumar v. The State Of Bihar

2025-07-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38726 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Basmatia District- Araria ====================================================== Rupesh Paswan @ Rupesh Kumar S/o- Ashok Paswan Village- Benelipatti W.No-6, Ps- Birpur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Basmatiya P.S. Case No. 12 of 2025 dated 10.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 279 litres of illicit Nepali country-made liquor was recovered from the sack allegedly thrown by the petitioner and the co-accused person and two motorcycles were also recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the co-

Patna High Court CR. MISC. No.38726 of 2025(2) dt.17-07-2025 2/2 accused, Raja Kumar Paswan, who has already been granted regular bail by this Court vide order dated 14.05.2025 passed in Cr. Misc. No. 31151 of 2025. The petitioner is not the owner of the seized motorcycle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Basmatiya P.S. Case No. 12 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T