Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65830 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Bhittha District- Sitamarhi ====================================================== 1.

Mahesh Paswan S/o- Lakhan Paswan Resident of Village- Sakari Saraia PSTurki, Dist- Muzaffarpur 2.

Aman Kumar S/o- Shivji Prasad Resident of Village- Sakari Saraia PSTurki, Dist- Muzaffarpur 3.

Shivam Kumar S/o- Kailash Bhagat Resident of Village- Ladoura PS- Turki, Dist- Muzaffarpur 4.

Shyamnath Kumar Village- Pakari Ismail Ps- Sadar Dist- Muzaffarpur 5.

Mayuresh Kumar S/o- Late Himanshu Ray Village- Bibiganj Ps- Kaji Mohamadpur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the State :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners is permitted to withdraw the bail application on behalf of petitioner nos. 3 and 4 as they have moved this Court vide Cr. Misc. No. 60064 of 2025 and have been granted bail by this Court. The present petition is now restricted to petitioner nos. 1, 2 and 5.

3. The petitioner nos. 1, 2 and 5 seek bail in connection with Bhittha P.S. Case No. 41 of 2025 registered for the offence punishable under Section 30(a) of the Bihar

Patna High Court CR. MISC. No.65830 of 2025(2) dt.24-09-2025 2/3 Prohibition and Excise Act.

4. As per the prosecution case, there is recovery of 390 litres of Nepali liquor.

5. Learned counsel for the petitioners submits that the petitioners are innocent and they is in custody since 21.07.2025.

6. Learned counsel for the petitioners submits that the petitioner is ready to donate Rs. 10,000/- each in some charitable organization without accepting his guilt.

7. Learned APP appearing for the State opposes the prayer for bail of the petitioner.

8. Considering the facts and circumstances of the case and submissions of learned counsel for the petitioners, let the petitioner nos. 1, 2 and 5, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court-II, Sitamarhi /concerned Court below in connection with Bhittha P.S. Case No. 41 of 2025.

9. This is also subject to the condition that the petitioners above named shall deposit an amount of Rs. 10,000/- each in Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur and produce the receipt of the same

Patna High Court CR. MISC. No.65830 of 2025(2) dt.24-09-2025 3/3 before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness of the receipt produced by the petitioners.

10. As a condition of this order, the petitioner nos. 1 and 2 after being released on bail are directed to mark their attendances at Turki Police Station, District-Muzaffarpur and petitioner no. 5 at Kaji Mohamdpur Police Station, District Muzaffarpur respectively on every Sunday of the month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioners. (Sandeep Kumar, J) P. Kumar U T