Dharmdev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71923 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Dharmdev Paswan S/o Mohan Paswan R/o - Behta, P.S - Banipatti, District - Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 274 and 275 of B.N.S. and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3.

Altogether 90 litres of illicit Nepali liquor is said to have been recovered from an Auto near the border. 4.

Learned counsel for the petitioner submits that petitioner is quite innocent and has been falsely implicated in this case. He has no concern with the alleged recovered illicit liquor. No incriminating article has been recovered from the conscious physical possession of the petitioner. It is further submitted that proper procedure of section 103 of the BNSS has

Patna High Court CR. MISC. No.71923 of 2025(2) dt.09-10-2025 2/2 not been followed. Petitioner is in custody since 17.08.2025 without having any criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail.

6.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Act, Madhubani in connection with Madhwapur P.S. Case No. 73 of 2025.

(S. B. Pd. Singh, J) pallavi/- U T