Shiv Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53327 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- MALAYPUR District- Jamui ====================================================== Shiv Paswan S/O Charitra Paswan R/o Vill.- Mahuliya, P.S.- Chanan, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, A.P.P.

====================================================== 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 arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 4.125 litres of illicit foreign liquor from the dickey of the motorcycle of the petitioner. Two persons apprehended on the spot namely, Satish Kumar and Rohit Kumar.

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 was taken by the brother of the petitioner, namely, Satish Kumar and without knowledge and consent of the petitioner, his vehicle

Patna High Court CR. MISC. No.53327 of 2025(2) dt.19-08-2025 2/2 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 Exclusive Excise Court-I, Jamui in connection with Malaypur P.S. Case No. 28 of 2025, 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