Patna High CourtCR. MISC./50939/2025bail rejected

Mahesh Paswan v. The State Of Bihar

2025-08-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50939 of 2025 Arising Out of PS. Case No.-236 Year-2025 Thana- JHAJHA District- Jamui ====================================================== Mahesh Paswan S/o Late Videshi Paswan R/o Village- Charghara Paswan Tola, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jhajha P.S. Case No. 236 of 2025, dated 16.05.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending before the Court of Exclusive Excise Court 1st, Jamui.

3. As per the prosecution, total recovery of 15 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner. It is also submitted that the petitioner's name has

Patna High Court CR. MISC. No.50939 of 2025(2) dt.11-08-2025 2/2 figured in this case solely on the basis of the confessional statement of the local chowkidar. Furthermore, he submits that the criminal antecedent of the petitioner is not clean, as two criminal cases are pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that two criminal cases are pending against the petitioner, both of which relate to Excise matters.

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

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