Anoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69037 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- SITAMARHI GRP CASE DistrictSitamarhi ====================================================== Anoj Paswan S/O Kishun Paswan R/O Vill.- Chakyaz, P.S- Mahnar, Dist.- Vaishali (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rai Sitamadhi P.S. Case No. 42 of 2025 registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment Act), 2018.

3. As per the prosecution story, the informant, Shish Mohammad, reported that on 21.05.2025, while on duty, he received a memo regarding the unloading of four parcels from the Amrit Bharat Express, two of which were leaking a suspicious liquid. Upon inspection at the parcel office, in the presence of two independent witnesses, 143 plastic pipes were recovered-14 damaged-and 96.75 liters of foreign liquor

Patna High Court CR. MISC. No.69037 of 2025(2) dt.08-10-2025 2/3 were seized. A seizure list was prepared and signed by the witnesses. Based on this report, a case was registered against the petitioner, who claims the police have been targeting him from the start, prompting him to seek court intervention to protect his personal liberty.

4. Learned counsel for the petitioner submits that the petitioner was working for Indian Oil Corporation and in connection with his job, he had to stay in hotels and in different cities and prior to check in hotels, the visitor has to provide identity proof and the petitioner had submitted his Aadhar Card for the same which is said to have been misused by somebody for sending a parcel in his name whereas he denies any connection with the seized articles and further, has also submitted an application before the Superintendent of Rail Police, Muzaffarpur, which is appended as Annexure-P/2. It has next been submitted that the petitioner has clean antecedent and the petitioner was doing his labour services at his village and was not present at the alleged place of occurrence.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has

Patna High Court CR. MISC. No.69037 of 2025(2) dt.08-10-2025 3/3 not been recovered from the conscious possession and / or premises belonging to the petitioner and the petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Judge-I, Sitamadhi, in connection with Rai Sitamadhi P.S. Case No. 42 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) sharun/- U T