Rambhajan Paswan @ Bhajan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51699 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Rambhajan Paswan @ Bhajan Kumar Paswan Son of Late Basudev Paswan Resident of Village- Durgapatti, Post- Piproun, P.S.- Harlakhi, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Harlakhi P.S. Case No. 111 of 2025, GR No. 606 of 2025 instituted for the offences punishable under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 108 litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.51699 of 2025(2) dt.05-08-2025 2/2 that petitioner is not the owner of the vehicle in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 06.05.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harlakhi P.S. Case No. 111 of 2025, GR No. 606 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T