Rajendra Paswan @ Raj Kumar Paswan @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67662 of 2025 Arising Out of PS. Case No.-242 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Rajendra Paswan @ Raj Kumar Paswan @ Raj Kumar S/o- Late Devnandan Paswan Village- Chhotki Ghosi PS-Hilsa Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khushi Awadh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Kankarbagh P.S. Case No. 242 of 2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 lodged on 16.03.2020 by the informant, Manoranjan Bharti.

3. As per the prosecution story, the Police on information, raided the place and there is recovery/seizure of 205.400 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent, had no knowledge about lodging of the FIR as also his implication, one of the similar situate co-accused Mantu Paswan have been granted relief in Cr. Misc. No. 54465 of 2025 by a coordinate bench on 19.08.2025 (Annexure-2/1 of the petition).

Patna High Court CR. MISC. No.67662 of 2025(2) dt.25-09-2025 2/3

5. Learned APP opposes the prayer submitting that it is an old matter.

6. Considering the submissions of the parties as also the fact that this petitioner has no criminal antecedent, similar situate person has been granted relief, as stated recorded above, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Kankarbagh P.S. Case No. 242 of 2020 to the satisfaction of learned Special Judge Excise-1st, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.67662 of 2025(2) dt.25-09-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T