Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38624 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== 1.
Sanjay Paswan Son of Late Nathuni paswan Resident of village - Ghirit Kundali , P.S Pandaul District - Madhubani 2.
Rajesh Paswan Son of Ramdeo Paswan Resident of village - Ghirit Kundali , P.S Pandaul District - Madhubani 3.
Lal Bahadur Paswan Son of Bhajan Paswan Resident of village - Ghirit Kundali , P.S Pandaul District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2025 Heard Mr. Subhash Kumar Jha, learned counsel for the petitioners and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Pandaul P.S. Case No. 76 of 2025, F.I.R dated 20.04.2025 registered for the offences punishable under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.
3. Recovery is of 45 liters of Chulai liquor.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedent and have falsely been implicated in the present case. He further submits that the
2/4 allegation as alleged in the F.I.R is false and fabricated. He further submits that it appears from the F.I.R and seizure list that nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from the field in question near the house of the petitioners and on the basis of the disclosure made by the local chowkidar the name of the petitioners has been transpired in the present case.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioners referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.
6. This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioners.
7. Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioners and the petitioners have clean antecedent, let the petitioners, above
3/4 named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Exclusive Speical Judge, Excise Act, Madhubanis in connection with Pandaul P.S. Case No. 76 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their
4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T