Sunil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61200 of 2025 Arising Out of PS. Case No.-209 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Sunil Kumar Paswan S/O Govind Paswan R/O Vill.- Kahubagh, P.S.- Barachatti, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a)/41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, during checking of illegal liquor transportation, a Tata-407 Gold vehicle bearing Registration No. JH-24-H-3921 was stopped and on search, 1755 litres Indian made foreign liquor was recovered. Petitioner, who was sitting in the vehicle, and co-accused Prince Kumar (driver of the vehicle) were arrested on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is neither owner nor driver of the vehicle in question rather he was sitting in the vehicle as a passenger.

Patna High Court CR. MISC. No.61200 of 2025(3) dt.19-09-2025 2/2 Nothing incriminating article has been recovered from conscious possession of the petitioner. The alleged recovery has been made from the seized vehicle and the petitioner was unaware of the illicit liquor kept in the vehicle. Petitioner has no concern either with the said vehicle or the seized liquor. Charge sheet has already been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioner. Petitioner is in jail since 10.06.2025 having one criminal antecedent of different nature and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.5, Gaya in connection with Barachatti P.S. Case No.209 of 2025.

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