Dilip Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60114 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- CHIHARA District- Jamui ====================================================== 1.

Dilip Kumar Paswan, S/o- Baldeo Hazra Village- Beldih PS-Bengabad District- Giridih 2.

Vikash Singh @ Lullu, S/o- Lakhan Singh Village- Boro Ps- Nagar Thana District- Giridih, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Chihra P.S. Case No. 43 of 2025 for the offence registered under Sections 30 (a) and 32 of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 1633.29 litres of foreign liquor from the Bolero Pickup van bearing Registration No. BR11GD-4042. Petitioners were apprehended on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.60114 of 2025(2) dt.17-09-2025 2/3 case as petitioner no. 1, the driver and petitioner no. 2, passenger of the seized Bolero pickup van in question. They have no knowledge about the seized liquor kept in the vehicle as the driver was doing his duty on the instruction of the owner of the vehicle. Nothing incriminating material was recovered from the conscious possession of the petitioners. Petitioners have no criminal antecedents. Charge-sheet has already been submitted after completion of investigation and there is no chance of absconding the petitioners and tampering with the prosecution evidence. Petitioners are in custody since 16.06.2025. Petitioners undertakes to co-operate in the trial of the case.

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

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Jamui, in connection with Chihra P.S. Case No. 43 of 2025, subject to the following conditions:-

(1) One of the bailors should be local having

Patna High Court CR. MISC. No.60114 of 2025(2) dt.17-09-2025 3/3 sufficient immovable property within the jurisdiction of the Court concerned.

(2) The petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.

(3) Petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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