Radhe Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50191 of 2026 Arising Out of PS. Case No.-346 Year-2025 Thana- SUPPI District- Sitamarhi ====================================================== Radhe Paswan S/O Satendra Paswan R/O Village- Madhopur Chhata, P.SHiramma, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Suppi P.S. Case No. 346 of 2025 dated 15.12.2025 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, a motorcycle was intercepted the person seated on the motorcycle was directed to stop, but he managed to flee away leaving behind the motorcycle and from the motorcycle altogether 13.800 litres of Nepali Saufi liquor was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner happens to be the owner of the motorcycle, in question, where the alleged recoveries have been made. It has further been submitted that at the time of seizure, the motorcycle was not under the control of the petitioner and the

Patna High Court CR. MISC. No.50191 of 2026(2) dt.29-07-2026 2/2 procedure prescribed under Section 105 of BNSS has not been followed. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has lastly been submitted that the petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the learned counsel for the parties and perused the records.

7. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court Exclusive Special Excise, Judge-1, Sitamarhi in connection with Suppi P.S. Case No. 346 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) Aarti/- U T