Bhola Paswan @ Jai Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58150 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Bhola Paswan @ Jai Prakash Paswan Son of Late Mithai Lal Paswan @ Mithai Lal Pasan Resident of village -Areraj ward no 10 PS- Areraj District -East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Areraj P.S. Case No. 186 of 2024 instituted under Sections 274 and 275 of the B.N.S. and under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 06 liter country made liquor from the semi finished house of the petitioner. It is alleged that the 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. The petitioner was not present on the spot and no

Patna High Court CR. MISC. No.58150 of 2025(2) dt.16-09-2025 2/2 incriminating article has been recovered from his conscious or constructive possession. The illicit liquor has been recovered from the semi finished house of the petitioner and it is open on all sides and currently not used as a residential house. The 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 Special Judge, Excise Court No.1, East Champaran, Motihari in connection with Areraj P.S. Case No. 186 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) AjayMishra/- U T