Majnu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79614 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== 1.
Majnu Paswan Son of Laxmi Paswan 2.
Chandan Paswan Son of Debu Paswan Both residents of Village - Bhitti Salempur, P.S. - Pandaul, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Pallavi, Advocate For the Opposite Party/s :
Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2025 Heard Ms. Kumari Pallavi, learned counsel appearing on behalf of the petitioners and Mr. Amitesh Kumar, learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Pandaul P.S.Case No.214 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. The prosecution story in short is that the police raided the place of occurrence and arrested one person, namely, Satrudhan Paswan and seized 35 ltrs. of country-made liquor, kept in the bushes behind his house.
4. Learned counsel appearing on behalf of the petitioners submitted that the place from where the recovery has been made is not belong to the petitioners. Names of the petitioners have surfaced in this case on the basis of
Patna High Court CR. MISC. No.79614 of 2025(2) dt.03-12-2025 2/2 confessional statement of co-accused and confessional statement made before police has no evidentiary value.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions of the parties, as well as, considering the fact that the confessional statement made before police has no evidentiary value, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Madhubani in connection with Pandaul P.S.Case No.214 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T