Birendra Kumar @ Birendra Kumar Paswan @ Jhotaila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69309 of 2025 Arising Out of PS. Case No.-270 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Birendra Kumar @ Birendra Kumar Paswan @ Jhotaila S/O Late Saini Paswan R/O Village - Selra, P.S- Jaynagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Pallavi, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 274, 275 and 317 (5) of the BNS and section 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a two bikes, altogether 360 liters of country made liquor was recovered. It is alleged that one Prem Kumar Nayak has disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has surfaced on the basis of the

Patna High Court CR. MISC. No.69309 of 2025(2) dt.25-09-2025 2/2 confessional statement of co-accused, namely, Prem Kumar Nayak. Nothing has been recovered from the conscious possession of this petitioner. Moreover, the petitioner is languishing in judicial custody since 07.08.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has one criminal antecedent.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jainagar P.S. Case No. 270 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Madhubani, subject to the condition that the petitioner shall not indulge himself in similar nature of offence in future.

(Ashok Kumar Pandey, J) Jagdish/- U T