Daya Shankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46745 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Daya Shankar Paswan S/O Late Deoraj Paswan Resident of Vill.- Chitauli, ward no. 9, P.S.- Amjhore, Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sadanand Roy, Adv.
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 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 Excise Sasaram Excise P.S. No. 270 of 2025 F.I.R. No. 146/2025 dated 25.03.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 92 litres of illicit country made liquor was recovered from the Bathan.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been
Patna High Court CR. MISC. No.46745 of 2025(2) dt.21-07-2025 2/2 made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2025.
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, Rohtas at Sasaram in connection with Excise P.S. No. 270 of 2025 Sasaram Excise F.I.R. No. 146/2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T