Kanhaiya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40554 of 2025 Arising Out of PS. Case No.-1000 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Kanhaiya Paswan S/o Late Baunu Paswan @ Bonu Paswan Resident of Lalkothi, P.S.- Town, District- Katihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Mandal, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 41, 44(1) and 47 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 60 litres of illicit country made liquor was recovered from the seized vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Name of petitioner transpired in the present case on the basis of disclosure made by apprehended coaccused person. Petitioner is neither owner nor driver of the said

Patna High Court CR. MISC. No.40554 of 2025(3) dt.28-07-2025 2/2 vehicle in question. Petitioner has no concern with the alleged recovery.

5. Learned APP for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Katihar, in connection with Katihar Town P.S. Case No. 1000 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., 2023. (Prabhat Kumar Singh, J) Shahnawaz/- U T