Hari Shankar Paswan @ Chunnu Paswan @ Chuman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42035 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Hari Shankar Paswan @ Chunnu Paswan @ Chuman Paswan Son of Jagdish Paswan R/V- Pasurampur, Ward No.- 3, P.S.- Turkauliya, District - East Champaran 2.

Jai Shankar Paswan @ Jaya Shankar Paswan Son of Sahadeo Paswan @ Sahadev Paswan R/V- Pasurampur, Ward No.- 3, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a), 41(1) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, 24 litres of illicit liquor was recovered from the bank of river.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and

Patna High Court CR. MISC. No.42035 of 2025(2) dt.07-07-2025 2/2 they have falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioners claim clean antecedents.

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

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of these petitioners and clean antecedents, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 Court of Exclusive Special Excise Judge-I/concerned Court, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 80 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) Neha/- U T