Sikandar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44555 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- BARUN District- Aurangabad ====================================================== 1.

Sikandar Paswan S/o Ramnandan Paswan R/o vill - Keshavpur Gothouli Tola, P.S. - Barun, Distt.- Aurangabad( Bihar) 2.

Nand Paswan @ Nandlal Kudmar S/o Parvindra Paswan @ Ram R/o vill - Keshavpur Gothouli Tola, P.S. - Barun, Distt.- Aurangabad( Bihar) ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Shailesh Kumar Singh, Advocate For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2025 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) and 30(c) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 758 litres illicit country made liquor was recovered from bank of river Sone.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and they have falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an

Patna High Court CR. MISC. No.44555 of 2025(2) dt.14-07-2025 2/2 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) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-cum-Exclusive Spl. Judge Excise Court No. 01, Aurangabad in connection with Barun P.S. Case No. 228 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T