Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57482 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- DHANKUND District- Banka ====================================================== Chandan Paswan S/o Fotal Paswan R/o Village- Batsar, P.S- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 85 litres of illicit liquor was recovered from a motorcycle bearing Reg. No. BR10-AQ4512 which was driven by the petitioner who was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of misconception. Further submission is that petitioner is a labour and on the date of occurrence, he was returning to his home after finishing work but the local police arrested him in misconception and real culprit succeeded to flee

Patna High Court CR. MISC. No.57482 of 2025(2) dt.03-09-2025 2/2 away from the spot. Petitioner is neither the owner nor the driver of the seized vehicle. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has been submitted in this case. Petitioner has clean antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 24.05.2025 and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusie Special Excise Court-I, Banka in connection with Dhankund P.S. Case No.53 of 2025, corresponding to Special Excise Case No. 178 of 2025.

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