Nandan Paswan @ Nand Lal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57081 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- LACHHUAR District- Jamui ====================================================== Nandan Paswan @ Nand Lal Paswan S/o- Ram Gulam Paswan VillageGhudmudiya Ps- Lachhaur District- Jamui ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deep Anshuman, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lachhuar P.S. Case No. 30 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 600 liters of illicit country-made liquor from the car. The petitioner was arrested on the spot.
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. The petitioner is neither driver of the alleged vehicle nor in any way related or involved in the so-called illegal trade of liquor.
Patna High Court CR. MISC. No.57081 of 2025(2) dt.13-08-2025 2/3 He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the alleged car. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has five criminal antecedents and is languishing in judicial custody since 17.06.2025 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 19-06-2025, passed in Cr. Misc. No. 38143 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lachhuar P.S. Case No. 30 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.57081 of 2025(2) dt.13-08-2025 3/3 family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T