Alok Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56643 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Alok Kumar Paswan S/o Rajeew Paswan R/o Village - Pataua Buzurg, P.S - Darauli, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanshu Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, 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 a case instituted under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. There is recovery of 17.280 litres Indian made foreign liquor from dickey of the scooty which is registered in the name of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the owner of the scooty. The petitioner had given his scooty to co-accused Dipanshu Bharti for medical emergency to take the patient to the hospital. Petitioner had no knowledge about carrying of illicit liquor on his scooty being driven by co-

Patna High Court CR. MISC. No.56643 of 2025(2) dt.08-09-2025 2/2 accused. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the 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 submissions 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court II, Siwan in connection with Siwan Excise P.S. Case No.94 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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