Mantu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46997 of 2025 Arising Out of PS. Case No.-1042 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Mantu Kumar Paswan S/o Ram Lakhan Paswan Resdient of Village- Paswan Mohalla, P.S.- Amba, District- Auranagabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Aurangabad Excise P.S. Case No. 1042/24 instituted under Sections 30(a), 32(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

3. As per prosecution case, 15 liters of illicit liquor was recovered from the motorcycle of the petitioner and the sons of the petitioner namely Sajan Kumar and Sunny Kumar were arrested at the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely because he is the registered owner of the vehicle in question. Petitioner was neither driving the vehicle nor any

Patna High Court CR. MISC. No.46997 of 2025(3) dt.14-10-2025 2/2 incriminating article has been seized from his conscious possession and he was also not present at the spot. Learned counsel further submits that without the knowledge and consent of the petitioner, these accused persons who are sons of petitioner have taken away his motorcycle and they were carrying illicit liquor on the said motorcycle. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-II, Excise, Aurangabad (Bihar) in connection with Aurangabad (Excise) P.S. Case No. 1042/2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) tusharika/- U T