Mantu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54276 of 2025 Arising Out of PS. Case No.-520 Year-2025 Thana- SONEPUR District- Saran ====================================================== Mantu Paswan S/o Chandeshwar Paswan @ Chandra Hajara R/o vill - Sikarpur Gadh, P.s. - sonpur, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kumar Yadav, Adv.
For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sonpur P.S. Case No. 520 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the police has recovered total 1656.7 liters of illicit foreign liquor from the two trucks and one car.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely because of election dispute. The name of the petitoiner
Patna High Court CR. MISC. No.54276 of 2025(2) dt.08-08-2025 2/3 has surfaced in this case on the basis of the confessional statement of the co-accused Mithilesh Kumar. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern either with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.
5. Learned counsel for the petitioner further submits that several co-accused persons have been granted regular bail by this Court vide orders dated 03.07.2025, 14.07.2025 passed in Cr. Misc. Nos. 41158 of 2025 & 44287 of 2025 respectively.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the
Patna High Court CR. MISC. No.54276 of 2025(2) dt.08-08-2025 3/3 like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonpur P.S. Case No. 520 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T