Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66859 of 2025 Arising Out of PS. Case No.-251 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Sanjay Paswan S/o- Late Bikrama Paswan Village- Baraki Kharadi , PSKargahar , Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Excise P.S. Case No. 532 of 2025, F.I.R. No. 251/2025 dated 19.07.2025, registered for the offence punishable under Section 30(a), 41(i) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 25.050 litres of illicit foreign liquor from the cowshed of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from conscious possession of the petitioner. It is submitted that the said cowshed is situated far from the place of petitioner's house which is an open place. Petitioner has been made accused on the

Patna High Court CR. MISC. No.66859 of 2025(2) dt.24-09-2025 2/3 basis of suspicion. Lastly, it has been submitted that the petitioner has got six criminal cases out of which four is of similar nature.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Excise P.S. Case No. 532 of 2025, F.I.R. No. 251/2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Court No.-I, Rohtas at Sasaram, subject to condition as laid down under Section 482(2) of B.N.S.S. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to

Patna High Court CR. MISC. No.66859 of 2025(2) dt.24-09-2025 3/3 initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner shall appear before the Police Station of his local area in the first week of each month till framing of the charge.

(Khatim Reza, J) Ranjeet/- U T