Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59153 of 2025 Arising Out of PS. Case No.-430 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Manoj Paswan Son of Shankar Paswan @ Shankar Hajara Resident of Village - Tikuliya Laxmipur, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 430 of 2020 for the offence registered under Section 414 of the IPC and Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on a secret information, police conducted raid, on search total 448.26 litres of foreign liquor recovered from different vehicles as Magic, Bolero, tractor and a motorcycle. It is alleged that the petitioner is the owner of the seized motorcycle from which 24 bottles of English wine was recovered and which was being used by his

Patna High Court CR. MISC. No.59153 of 2025(2) dt.11-09-2025 2/3 brother Sunil Paswan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the owner of the motorcycle which was being used by the co-accused Sunil Paswan. Petitioner was not present at the spot. He has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 23.02.2021 passed in Cr. Misc. No. 560 of 2021. Petitioner is in jail custody since 29.06.2025, having no criminal antecedent. Petitioner undertakes to cooperate in the trial of the case.

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 and the submissions of learned counsel for the parties and period of custody, let the petitioner, 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 Exclusive Special Excise Court No.-1, Motihari, East Champaran, in

Patna High Court CR. MISC. No.59153 of 2025(2) dt.11-09-2025 3/3 connection with Muffasil P.S. Case No. 430 of 2020. (Sunil Dutta Mishra, J) khushbu/- U T