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Patna High CourtCR. MISC./37549/2025bail granted

Kameswar Paswan v. The State Of Bihar

2025-06-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37549 of 2025 Arising Out of PS. Case No.-410 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Kameswar Paswan S/O Late Suryadeo Paswan R/O Village- Deura, P.SAmba, District- Aurangabad, Bihar and at present R/O Village- Tetriya, P.OKurhat Kataiya, P.S- Hariharganj, Distt.- Palamu, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1.300 litres illicit liquor was recovered from the waist of co-accused Prince Kumar who was riding the seized motorcycle of which this petitioner is registered owner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner has been made accused merely because he is owner of the seized motorcycle which was stolen one day prior to the incident but unfortunately, petitioner

Patna High Court CR. MISC. No.37549 of 2025(2) dt.25-06-2025 2/2 did not lodge F.I.R. for the same. Petitioner claims clean antecedent.

5. Considering the quantity of recovery, clean antecedent and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Exclusive Court No. 02, Aurangabad, Bihar in connection with Excise P. S. Case No. 410 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T