Niraj Paswan @ Tarzan @ Tarjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47192 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== 1.

Niraj Paswan @ Tarzan @ Tarjan Son of Late Kamli Paswan Resident of village - Gandhi Nagar, Ward No.- 31, P.S.- Town (Nagar), District - Begusarai 2.

Devnandan Sah @ Deonandan Sah Son of Late Lakshmi Sah @ Late Laxmi Sah Resident of village - Pipra, Ward No.- 15, P.S.- Town (Nagar), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Begusarai Excise P.S. Case No. 117 of 2025, dated 30.03.2025, lodged under Section 30(a) & 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018, pending before the Court of Exclusive Special Excise Judge- II, Begusarai.

3. As per the prosecution, total recovery of 377.640 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that the petitioners have no connection with the alleged recovery, and nothing has been recovered from their

Patna High Court CR. MISC. No.47192 of 2025(2) dt.30-07-2025 2/2 possession. Furthermore, it is submitted that the criminal antecedents of the petitioners are not clean, as one criminal case is pending against petitioner no. 1, and two criminal cases are pending against petitioner no. 2.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that their antecedents are not clean, as one criminal case is pending against petitioner no. 1 and two criminal cases are pending against petitioner no. 2, all of which pertain to excise matters.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is hereby rejected.

7. It is directed to the petitioners to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioners surrender within six weeks, then the Trial Court is directed to pass order on their surrender-cum-bail applications on the same day without being prejudice that the anticipatory bail of the petitioners has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J.) Aman Kumar/- U T