Pankaj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70918 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai ====================================================== Pankaj Paswan S/O Late Khidoor Paswan @ Ramrasik Paswan R/OGopalpur, Ward No-10, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs Mili Kumari, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2025 Heard the parties.

2. The petitioner seeks anticipatory bail in connection with Manjhaul Excise P.S. Case No. 81/2025 dated 25.06.2025 registered for the offence under Sections 30(a), 32(3) and 30(c) of Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, there is allegation that 70 litres illicit illegal country made liquor and 300 litres of Java was recovered from a motorcycle and on the basis of secret information, the name of the petitioner surfaced in this case and he is said to have run away from the place of occurrence.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70918 of 2025(2) dt.14-10-2025 2/3 petitioner is neither owner of the alleged motorcycle found near the place of occurrence nor is the petitioner in any way connected with alleged recovery and though it has been alleged that the petitioner's name transpired in this case on the basis of secret information provided by the local people, however, the F.I.R. does not disclose the name of local people as well as the source of information, which question the authenticity of F.I.R. Apart from that, the petitioner has no criminal antecedents. In the light of the aforesaid facts and circumstances, it has been submitted that no case under the Excise Act is made out against the petitioner.

5. Learned APP vehemently opposed the prayer for anticipatory bail on the ground that the petitioner has been named in the prosecution story and he cannot escape from the allegation of recovery of liquor.

6. Considering the facts and circumstances of the case and the arguments advanced by the parties as well as the fact that the petitioner has no criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.70918 of 2025(2) dt.14-10-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge -II, Begusarai, in connection with Manjhaul Excise P.S. Case No. 81/2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Alok Kumar Pandey, J) sunilkumar/- U T