Karu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56697 of 2025 Arising Out of PS. Case No.-446 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Karu Paswan S/o Ganaur Paswan R/o Village- Mathura, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate.

For the Opposite Party/s :

Ms. Meena Singh, 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 Bidupur P.S. Case No.446 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 762.60 litres of illicit liquor from hut like bathan. It is alleged that petitioner fled away from the spot after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure statement made by the local Chaukidar. He further submits that the hut like bathan, from where the alleged recovery has been made, does not belong to the petitioner. Learned counsel submits that petitioner has no concern with the alleged seized illicit liquor and no incriminating article has been recovered from his conscious possession. He further

Patna High Court CR. MISC. No.56697 of 2025(2) dt.08-09-2025 2/2 submits that there is no independent witness on the seizure list. Learned counsel submits that similarly situated co-accused person has already been granted anticipatory bail by this Court vide order dated 27.08.2025 passed in Cr. Misc. No.55219 of 2025. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 446 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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