Sunil Paswan @ Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45156 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Bankebazar District- Gaya ====================================================== Sunil Paswan @ Sunil Prasad S/o Late Byas Paswan @ Ramvyas Ram Resident of Village- Shidhi Khap, P.S.- Bankeybazar, District- Gaya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bankey Bazar P.S. Case no. 49 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. Prosecution case relates to recovery of 15 litres country made liquor from Village Sidhikhap near Naya Talab by the raiding team on the basis of secret information.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no concern with the alleged recovery. Place

Patna High Court CR. MISC. No.45156 of 2025(3) dt.01-08-2025 2/2 of occurrence is an open and abandoned place. Name of the petitioner has been disclosed in this case by the local chaukidar. There is no compliance of Section 103 of the BNSS while preparing the seizure list as both the witnesses are police officials.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt of this order and in the event of his arrest or surrender in connection with Bankeybazar P.S. Case no. 49 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Gaya subject to the conditions as laid down under section 482 of the BNSS. (S. B. Pd. Singh, J) sushma/- U