Patna High CourtCR. MISC./57626/2025bail granted

Kundan Paswan v. The State Of Bihar

2025-08-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57626 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- DHORAIYA District- Banka ====================================================== Kundan Paswan son of Babloo Paswan @ Blu Paswan Resident of Village -Rajawar PS -Rajoun District -Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, 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 Dhoraiya P.S. Case No. 182 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 315.45 liters liquor was recovered from tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not the

Patna High Court CR. MISC. No.57626 of 2025(2) dt.13-08-2025 2/2 owner of the tempo rather he is driver of the motorcycle in question and allegedly he was acting as a liner. The petitioner is in custody since 04.06.2025 and has got two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 07-08-2025, passed in Cr. Misc. No. 52409 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhoraiya P.S. Case No. 182 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T