Chotelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67981 of 2025 Arising Out of PS. Case No.-118 Year-2023 Thana- Bikramganj Excise District- Rohtas ====================================================== Chotelal Paswan S/o Chhathu Paswan R/o Village- Bikramganj, P.S.- Bikramganj, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 270 litre illicit country made liquor near the Bahiyar situated in Village Dihra. It is alleged that the petitioner alongwith other co-accused persons fled away from the spot on seeing the police team.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovery was made from the Bahiyar which is situated outside the village and the same does not belong to the petitioner. Learned counsel submits that only on the basis of suspicion, the name of petitioner has been implicated in this case. He further submits that no

Patna High Court CR. MISC. No.67981 of 2025(2) dt.07-10-2025 2/2 incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that there is no independent witness to the seizure list and petitioner has no concern with the alleged seized liquor. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Excise Case No.1452 of 2023 arising out of Bikramganj Excise P.S. Case No.118 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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