Shushil Paswan @ Shushil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57411 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- EXCISE ROSERA District- Samastipur ====================================================== Shushil Paswan @ Shushil Kumar Paswan S/O Rajo Paswan, Resident of Village- Rampur Pagra, P.S- Dalsinghsarai, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 44(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 47 litres of illicit country made liquor from the motorcycle of the petitioner. Two persons apprehended on the spot namely, Keshav Kumar and Aman Ji who disclosed that Shushil Paswan S/o Upendra Paswan, R/o Nathudwar handed over the said motorcycle and told them to deliver the said illicit liquor near Rosera Bus stand.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized vehicle. Further submission is that on the alleged date of occurrence, the vehicle in question

Patna High Court CR. MISC. No.57411 of 2025(2) dt.16-09-2025 2/2 was taken by the brother-in-law of the petitioner, namely, Shushil Paswan S/o Upendra Paswan for urgent work and without knowledge and consent of the petitioner, his vehicle was being used for transportation of illicit liquor. It is submitted that petitioner has no concern with the seized illicit liquor and nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate 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 submissions 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Samastipur in connection with Excise Rosera P.S. Case No. 150 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) utkarsh/- U T