Patna High CourtCR. MISC./40750/2025bail granted

Siyaram Paswan v. The State Of Bihar

2025-07-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40750 of 2025 Arising Out of PS. Case No.-361 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Siyaram Paswan Son Of Mishri Paswan Resident Of Village-Mallah Toli, Manpur, P.S.- Muffasil, Distt.- Gaya, State-Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pintu Kumar Patel, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Muffasil P.S. case No. 361 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 565 liters liquor was recovered from several plastic bags near railway track.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.40750 of 2025(2) dt.01-07-2025 2/2 further submitted that recovery is made from an open place accessible to one and all. The petitioner is in custody since 18.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 19.06.2025 passed in Cr. Misc. No. 38250 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. case No. 361 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T