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Patna High CourtCR. MISC./54687/2025allowed

Sitaram Paswan @ Nanhki @ Sitaram Paswan v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54687 of 2025 Arising Out of PS. Case No.-265 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Sitaram Paswan @ Nanhki @ Sitaram Paswan S/o Jitan Paswan R/o VillageJagarnathpur, Dokara, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 265 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 10.5 litre illicit liquor near the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the disclosure statement of local Chaukidar due to village enmity. Petitioner has no concern with the recovered liquor. Nothing has been recovered either from the possession of the petitioner or from his house. Recovery has been made from an open room located outside and not under the possession of

Patna High Court CR. MISC. No.54687 of 2025(2) dt.19-08-2025 2/2 the petitioner. Petitioner was not present at the place of occurrence. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise II, Muzaffarpur in connection with Saraiya P.S. Case No. 265 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T