Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40461 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Jitendra Paswan S/o Ramayan Paswan R/o vill - Siswa, Bahuarwa, ward no. 13, P.s.- Shikarpur, Distt.- west Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-07-2025 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 connection with Shikarpur P.S. Case no. 204 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 10 litres country made liquor from e-rickshaw which was kept under the back seat and one accused, namely, Ramlal Ram was apprehended on spot, who disclosed the name of the petitioner.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.40461 of 2025(2) dt.15-07-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the alleged e-rickshaw. The name of the petitioner has been disclosed in this case by the coaccused, namely, Ramlal Ram, who was arrested on spot. Save and except confessional statement, nothing has come against the petitioner during investigation. Provision of Section 103 of the B.N.S.S. has not been followed by the police officials while preparing the seizure list. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.
5. Learned APP appearing for the State has 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 Shikarpur P.S. Case no. 204 of 2025, he will be enlarged on 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 Spl.
Patna High Court CR. MISC. No.40461 of 2025(2) dt.15-07-2025 3/3 Judge, Excise I, Bettiah, West Champaran subject to the conditions as laid down under section 482 of the BNSS. (S. B. Pd. Singh, J) sushma/- U