Manish Kumar Paswan@Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64770 of 2025 Arising Out of PS. Case No.-350 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== Manish Kumar Paswan @ Manish Kumar Son of Ganga Pasavan @ Ganga Prasad Resident of Village - Gangra, P.S.- Gidhaur, District - Jamui, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ankita Kumari, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, 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 Sections 30(a) and 56(b) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 236.250 litres of illicit liquor was recovered from Hyundai Verna car bearing Reg. No. JH05-AB-8009 in which petitioner was sitting.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that on the date of occurrence, petitioner had only taken lift from the driver of seized vehicle for going to Sheikhpura and he had no knowledge about the illicit liquor kept on the said vehicle. No incriminating material

Patna High Court CR. MISC. No.64770 of 2025(2) dt.17-09-2025 2/2 has been recovered from the conscious possession of the petitioner. Petitioner has no concern either with the seized liquor or the vehicle. Provision under Section 103 B.N.S.S. has not been followed as there is no independent witness on the seizure list. Petitioner has clean antecedent and there is no likelihood of his absconding or tampering with the evidence. Petitioner is in custody since 24.07.2025 and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. 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 Excise Judge, Sheikhpura in connection with Sheikhpura Excise P.S. Case No.350 of 2025.

(Sunil Dutta Mishra, J) utkarsh/- U T