Bijali Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79701 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- KHUTAUNA District- Madhubani ====================================================== Bijali Paswan Son of Jhari Lal Paswan R/o - Mahthaur Khurd, Mahathour, P.S - Phulparas, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate.

For the Opposite Party/s :

Mr.Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Khutauna P.S. Case No. 59 of 2025 registered for the offence punishable under Sections 274, 275 and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, as amended uptodate.

3. Allegation is of recovery of 2.880 litres of foreign liquor from a motorcycle bearing Registration No.

BR32AK5046, near an orchard.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to enmity. He has no concern either with the seized liquor or trade of liquor in any manner. He had given his motorcycle to his friend for bringing medicines and he had no knowledge that his motorcycle will be misused. The petitioner

Patna High Court CR. MISC. No.79701 of 2025(2) dt.03-12-2025 2/2 has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Khutauna P.S. Case No. 59 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T