Rangbahadur Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64207 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- DOBHI District- Gaya ====================================================== Rangbahadur Paswan S/o Shiv Balk Paswan R/o Vill- Bela, Belkhara, P.S.- Barachatti, Distt- Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Dobhi P.S. Case No. 186 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2022 lodged on 12.07.2025 by the informant, Satyam.
3. As per the prosecution story, the informant alleged that on secret information about the presence of liquor on the parked motorcycle, ultimately, it was searched and from the motorcycle which belonged to the petitioner, there is recovery/seizure of 18 liter foreign liquor. This led to the FIR.
4. Learned Counsel for the petitioner submits that he parked the motorcycle and had no knowledge how the said sack was kept on his motorcycle, he do not have criminal antecedent.
Patna High Court CR. MISC. No.64207 of 2025(2) dt.24-09-2025 2/3
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the motorcycle belongs to him.
6. Considering the submissions of the parties as also that the recovery/seizure is from a parking area, not from his conscious possession, he do not have criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. However, if it is found that contrary to the statement made in paragraph 3, the petitioner has criminal antecedent, the present order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No. 5, Gaya in connection with Dobhi P.S. Case No. 186 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.64207 of 2025(2) dt.24-09-2025 3/3 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;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T