Arjun Paswan@ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66246 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- Excise Thana Hajipur District- Vaishali ====================================================== Arjun Paswan @ Arjun Kumar S/o Nunu Paswan, R/o Village- Shyampur Pakri, P.S.- Lalganj, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Excise P.S. Case No. 132 of 2024, dated 07.05.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 101.120 litres of illicit English liquor was recovered from the bhuskhaul of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing has been recovered from the conscious possession of the petitioner and the seized illicit liquor is recovered from a place which is a joint property and is owned by other co-parcener of the joint family and there are no independent witnesses to the seizure and there is non-compliance of Section 103(4) of the BNSS. He lastly submits that petitioner

Patna High Court CR. MISC. No.66246 of 2025(2) dt.24-09-2025 2/2 claims clean antecedent and he has falsely been implicated in the present case due to village politics.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner claims clean antecedent, nothing has been recovered from his conscious possession and recovery has been made from a bhuskhaul which is a joint property, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court No.-II- Cum-Distt. & Additional Sessions Judge, Hajipur, Vaishali, in connection with Hajipur Excise P.S. Case No. 132 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T