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Patna High CourtCR. MISC./66875/2025allowed

Pancham Paswan v. The State Of Bihar

2025-10-07Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66875 of 2025 Arising Out of PS. Case No.-855 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Pancham Paswan S/o Rambriksh Paswan, R/o village - Dadhpa, P.S. - Kutumba , District - Aurangabad Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate.

For the Opposite Party/s :

Ms. Renu Kumari, 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 Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 16.200 litre illicit foreign liquor from the motorcycle bearing Registration No. BR-26T-1252 which belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the registered owner of the motorcycle in question. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that except the fact that petitioner is owner of the seized motorcycle, there is no material against the petitioner. He further submits that petitioner had parked his motorcycle at

Patna High Court CR. MISC. No.66875 of 2025(2) dt.07-10-2025 2/2 Village Rasalpur behind the road and he had gone to house but due to village politics, he has been implicated in this case. Learned counsel submits that 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 P.S. Case No.855 of 2025, 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