Patna High CourtCR. MISC./61285/2025allowed

Suresh Paswan v. The State Of Bihar

2025-09-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61285 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- FULKAHA District- Araria ====================================================== Suresh Paswan S/o Jageshwar Paswan R/o Village- Madhura, ward No. 4, P.S.- Fulkaha, Distt.- Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 105 litres of illicit liquor was recovered from the Toto of the petitioner driven by him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that on the alleged date of occurrence, the vehicle in question was hired by co-accused Vivek Yadav to deliver the goods at Bari Nahar, Narpatganj and petitioner had no knowledge about the illicit liquor kept in his vehicle. Nothing has been recovered from conscious possession

Patna High Court CR. MISC. No.61285 of 2025(2) dt.24-09-2025 2/2 of the petitioner. Petitioner has no criminal antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 24.06.2025. The charge-sheet has already been submitted after completion of investigation and petitioner undertakes to cooperate in the trial.

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

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, 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 the Court concerned in connection with Fulkaha P.S. Case No. 87 of 2025.

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