Mantosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43426 of 2026 Arising Out of PS. Case No.-61 Year-2026 Thana- NATWAR District- Rohtas ====================================================== 1.

Mantosh Paswan Son of Nand Bihari Paswan Resident of Village- Mahrodh, P.S.- Natwar, District - Rohtas.

2.

Ramdhani Paswan @ Ramdhani Kumar Son of Satyendra Paswan @ Satyendra Ram Resident of Village- Mahrodh, P.S.- Natwar, District - Rohtas.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shashikant, Advocate For the Opposite Party :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Natwar P.S. Case No.61 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioners is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 12 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing on behalf of petitioners that the alleged illicit liquor was

Patna High Court CR. MISC. No.43426 of 2026(2) dt.03-07-2026 2/3 recovered from the motorcycle, bearing Registration No. BR44D 7779, which was involved in carrying illicit liquor. It is also submitted that the name of these petitioners arrayed solely on the disclosure made by the local chowkidar. It is also submitted that petitioners were not present at the spot. It is further submitted that petitioners are not in any way connected with the alleged liquor and it can be safely said that recovery of illicit liquor was not made from conscious possession of these petitioners. It is argued that no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. Petitioners claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioners.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of these petitioners, who are man of clean antecedent, accordingly, both petitioners, above-named, in the event of their arrest or surrender in the court below within a period of four weeks

Patna High Court CR. MISC. No.43426 of 2026(2) dt.03-07-2026 3/3 from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise- II, Sasaram in connection with Natwar P.S. Case No.61 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Aniket/- U T