Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63852 of 2025 Arising Out of PS. Case No.-413 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Shambhu Paswan, Son of Nanhak Paswan, Resident of Village - Panapur Dharmapur, P.S. - Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bidupur P.S. Case No. 413 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act.

3. As per prosecution case, on the basis of secret information about transportation of illicit liquor in a vehicle, police started checking of vehicles. A suspicious vehicle was intercepted and the petitioner was apprehended from the said vehicle. On search of the vehicle, recovery of total 600 liters of country made liquor was made.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.63852 of 2025(2) dt.23-09-2025 2/3 case. The petitioner is driver of the vehicle and he was not having knowledge about the nature of consignment. The petitioner was only informed that the vehicle contains grain jute bag and, therefore, nothing incriminating has been recovered from the person/possession of the petitioner. The petitioner is having antecedent of one case and he is in custody since 16.06.2025. The charge sheet has been submitted.

5. Learned A.P.P. opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the petitioner is said to be the driver of the vehicle and further considering the period of custody of the petitioner along with submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1cum-Additional Sessions Judge, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 413 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be the close relative

Patna High Court CR. MISC. No.63852 of 2025(2) dt.23-09-2025 3/3 of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T