Ajay Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67715 of 2025 Arising Out of PS. Case No.-319 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.
Ajay Kumar Paswan S/o Maheshwar Paswan Resident of Village - Nathu Dwar, P.S.- Khanpur, District- Samastipur 2.
Amarnath Paswan S/O Rambhajan Paswan Resident of Village - Nathu Dwar, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Pipra P.S. Case No. 319 of 2025 registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., recovery of 415.5 liters has been made from the two vehicles which is the subject matter of the present case.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. They have got no criminal antecedent. Petitioner no. 1 is
Patna High Court CR. MISC. No.67715 of 2025(2) dt.24-09-2025 2/3 the driver of Magic Pick-up and petitioner no. 2 is the driver of Swift car, both the petitioners have no knowledge about the loaded liquor in the vehicle seized by the police. The said vehicles were handed over to the petitioners in Muzaffarpur by one transporter namely Raj Transport to run the vehicle up to Motihari and the petitioners were ready to drive the vehicles on daily wage basis. The petitioners are driver and they were performing their duty as driver of the vehicle to earn bread and butter for their family. No recovery has been made by the police either from conscious possession or from the house of the petitioners. Petitioners are in custody since 15.07.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioners, above named, 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 Judge, Excise Court No. 3, East Champaran in connection with Pipra P.S. Case No. 319 of 2025 subject to the following conditions :- (i). Petitioners will remain physically present in trial on each and every date till the disposal of the case failing which,
Patna High Court CR. MISC. No.67715 of 2025(2) dt.24-09-2025 3/3 on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be their family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T