Vikash Paswan @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59828 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Vikash Paswan @ Vikash Kumar, son of Vindeshwar Paswan @ Vijasar Paswan, r/o Village- Kuldip Chhapra, P.S- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate.

For the State :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Saraiya P.S. Case No. 157 of 2025, dated 12.03.2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation, 9 litres of illicit liquor has been recovered from an open space and as per further case of the prosecution it was the petitioner who was seen throwing the sack containing the said liquor.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the contraband has been recovered from an open space accessible to the public at large. He also

Patna High Court CR. MISC. No.59828 of 2025(2) dt.23-09-2025 2/3 submits that the entire case against the petitioner is based on suspicion, and there is no cogent material to connect the petitioner to the alleged offence. He also submits that no prima facie case is made out against the petitioner and hence, the present petition is maintainable and the petitioner deserves to be enlarged on anticipatory bail.

5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Saraiya P.S. Case No. 157 of 2025, subject to the conditions as

Patna High Court CR. MISC. No.59828 of 2025(2) dt.23-09-2025 3/3 laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T