Shambhu Paswan @ Shambu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63295 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- SUPPI District- Sitamarhi ====================================================== Shambhu Paswan @ Shambu Paswan S/o- Late Anant Paswan VillageGopalpur, PS- Suppi, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 99.6 litres of illicit liquor was recovered near the house of Baliram Paswan which was transported by the Tempo. It is alleged that the petitioner and accused persons fled away from the spot identified by local people.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on suspicion due to local politics. Further submission is that petitioner has no concern with the seized liquor and tempo. Petitioner was not present on the spot and nothing has been recovered from conscious possession of the petitioner. There is non-compliance of Section 103 of B.N.S.S., as the seizure list

Patna High Court CR. MISC. No.63295 of 2025(2) dt.17-09-2025 2/2 witnesses are not independent witnesses. Petitioner has one criminal antecedent but not of the similar nature. There is no likelihood of absconding of the petitioner or tampering with the evidence. Petitioner is in custody since 30.07.2025 and he undertakes to cooperate in the investigation and trial. It is also submitted that the marriage of the son of the petitioner is scheduled on 07.10.2025 and petitioner has to perform ritual of father in marriage of his son and in this regard, petitioner has also filed I.A. No. 01 of 2025.

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, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Sitamarhi in connection with Suppi P.S. Case No.76 of 2025 corresponding to G.R. No. 385 of 2025.

7. I.A. No. 01 of 2025 is, accordingly, disposed of. (Sunil Dutta Mishra, J) utkarsh/- U T