Vikesh Paswan @ Bikesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47364 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- LAXMIPUR District- Jamui ====================================================== Vakil Paswan Son of Late Vanarsi Paswan Village- Anandpur, P.S.- Laxmipur, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Anand, Advocate :

Ms. Madhuri Kumari, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-08-2024 Heard Mr. Abhishek Anand along with Ms. Madhuri Kumari, learned counsel appearing on behalf of the petitioner and Mr. Surendra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Laxmipur P.S. Case No. 125 of 2024 registered for the offence(s) punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 30 litres of illicit liquor was recovered from the house of the petitioner and the co-accused, Dukhi Paswan. Out of them, 15

Patna High Court CR. MISC. No.47364 of 2024(2) dt.07-08-2024 2/3 litres was recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that the alleged house, from where the alleged recovery of the seized liquor is said to have been made is a joint family property, where petitioner is presently not residing, rather he is living at his Sasural and he has no concern either with the seized liquor or trade of liquor in any manner.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, 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 Excise Court-1, Jamui in connection with Laxmipur P.S. Case No. 125 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.47364 of 2024(2) dt.07-08-2024 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J.) Sudhanshu/- U T