Bajrangi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68983 of 2025 Arising Out of PS. Case No.-303 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Bajrangi Paswan S/o Balram Paswan, R/o Vill.- Bheriya, P.S.- Ara Mufasil, Dist.- Bhojpur.

2.

Lavkush Paswan S/o Rajkumar Paswan, R/o Vill.- Bheriya, P.S.- Ara Mufasil, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend arrest in a case registered under Section 317(5) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 240 litre illicit country made liquor from two motorcycles and coaccused Rohit Kumar was apprehended on the spot who disclosed the names of petitioners that they fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case only on the basis of disclosure statement made by the coaccused Rohit Kumar. He further submits that the petitioners

Patna High Court CR. MISC. No.68983 of 2025(2) dt.26-09-2025 2/3 were not present on the spot and no incriminating article has been recovered from their conscious or constructive possession. Learned counsel submits that petitioners are not the owner of any of the seized motorcycles and they have no concern either with the alleged seized liquor or with the co-accused persons and the disclosure is made with ulterior motive. He further submits that similarly situated co-accused, namely, Rajkumar Yadav @ Jahan Yadav had already been granted anticipatory bail by this Court vide order dated 18.08.2025 passed in Cr. Misc. No.53466 of 2025. Learned counsel submits that petitioners have got clean antecedent and they undertake 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 petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Udwantnagar P.S. Case No.303 of 2025, subject to the

Patna High Court CR. MISC. No.68983 of 2025(2) dt.26-09-2025 3/3 conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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