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Patna High CourtCR. MISC./53370/2025allowed

Ramesh Paswan v. The State Of Bihar

2025-08-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53370 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Ramesh Paswan S/o- Late Mahendra Paswan, Resident of Village- Harpur Aloth Ward no-44 PS- Musarigharari, Dist- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sadar Excise P.S. Case No.132 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 16.15 liter Indian made foreign made liquor from the under construction government land situated near the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner has no concern with the under construction government land from where the recovery was made. Learned counsel submits that no incriminating article

Patna High Court CR. MISC. No.53370 of 2025(2) dt.18-08-2025 2/2 has been recovered from the conscious possession of the petitioner and only on the basis of suspicion he has been implicated in this case. He further submits that petitioner has one criminal antecedent, in which he is on bail 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 aforesaid 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 Sadar Excise P.S. Case No.132 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T