Kamlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56018 of 2025 Arising Out of PS. Case No.-446 Year-2022 Thana- BARH District- Patna ====================================================== Kamlesh Paswan, S/o Shankar Paswan, R/o Village- Vikash Nagar, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anjana, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Barh P.S. Case No. 446 of 2022 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 6.900 litres of country made mahua liquor was recovered from possession of the coaccused Akhilesh Paswan. It is alleged that petitioner fled away after seeing the police party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to the reason that he is the brother of the co-accused Akhilesh Paswan. He has no concern with the seized liquor. Petitioner was neither present on the spot nor any incriminating

Patna High Court CR. MISC. No.56018 of 2025(2) dt.02-09-2025 2/2 article was recovered from him. There is no independent witness to the seizure list which is the violation of provision under Section 103 of the BNSS. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation of this case.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Barh P.S. Case No. 446 of 2022, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

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