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Patna High CourtCR. MISC./56857/2025allowed

Pawan Kumar v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56857 of 2025 Arising Out of PS. Case No.-124 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Pawan Kumar S/o Late Alakhdeo Paswan R/o Village- Hurrahi, P.S.- Akbarpur, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with G.O. Case No. 124 of 2021, instituted under Sections 30(a), 56(b) of the Bihar Prohibition & Excise Act.

3. There is recovery of 15 litre country made liquor from a motorcycle. One person was apprehended who disclosed his name as Ajay Paswan. It is alleged that petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of confessional statement of co-accused. Petitioner was not present on the spot. Petitioner is neither driver nor owner of the motorcycle. He has no concern with the seized

Patna High Court CR. MISC. No.56857 of 2025(2) dt.08-09-2025 2/2 illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent. He undertakes to co-operate 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 submission 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise2, Nawada in connection with G.O. Case No. 124 of 2021, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T