Chikaru Paswan @ Pradip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81232 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Chikaru Paswan @ Pradip Paswan Son of Ramdas Paswan Resident of Pokharaira, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha. App, ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner submits that the anticipatory bail application of the petitioner has already been dismissed as withdrawn by a co-ordinate Bench of this Court vide order dated 19.11.2025 in Cr. Misc. No. 38043 of 2025.

3. In view of the above, defect no. 6(2) as pointed out by the office is hereby ignored.

4. The petitioner seeks bail in connection with Muffasil P.S. Case No. 157 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

5. The prosecution case, in short, is that total 313.035

Patna High Court CR. MISC. No.81232 of 2025(2) dt.11-12-2025 2/3 liters liquor was recovered out of which 281.235 liters liquor was recovered from the house of petitioner.

6. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of disclosure made by local people. It is further submitted that the alleged recovery has been made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 07.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

8. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

9. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.81232 of 2025(2) dt.11-12-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 157 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T