Patna High CourtCR. MISC./44999/2025bail granted

Mishan Paswan v. The State Of Bihar

2025-07-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44999 of 2025 Arising Out of PS. Case No.-380 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Mishan Paswan S/o Birendra Paswan @ Birendra Kumar Paswan R/OVillage-Bausi, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Babubarhi P.S. Case No. 380 of 2023 dated 01.12.2023, G.R. No. 1739/2023 registered for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/ss 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 59.275 litres of illicit Nepali foreign liquor was recovered from the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.44999 of 2025(2) dt.15-07-2025 2/2 transpired in this case merely on suspicion. The petitioners are neither the owner nor the rider of the seized vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 17.05.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Babubarhi P.S. Case No. 380 of 2023, G.R. No. 1739/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T