Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85909 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- Dehri Mufassil District- Rohtas ====================================================== Mukesh Paswan Son of Yogendra Paswan Resident of Village- Bhatauli, P.S.- Dehri Muffasil, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashikant, Adv For the Opposite Party/s :

Mr. Braj Kishore Pd.(App), APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks bail in connection with Dehri (M) P.S. Case No. 209 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. From perusal of the first information report as also the seizure list, it would appear that 49 liters of country made liquor was recovered near the bushes of Bhatauli village and two accused persons fled away after seeing the police.

4. The learned counsel for the petitioner submits that the said recovery was made from an open place, which is accessible to public and disclosure made by the local chaukidar. It is further submitted that the petitioner had already been granted privilege of anticipatory bail vide order dated

Patna High Court CR. MISC. No.85909 of 2024(3) dt.04-04-2025 2/2 12.07.2024 passed in Cr. Misc. No. 44903 of 2024 with the condition to verify the criminal antecedent of the petitioner. However, upon such verification, one more case of the same nature was found pending against the petitioner and hence, he was not admitted to the privilege of anticipatory bail.

5. Considering the fact that the petitioner had already been admitted to the privilege of anticipatory bail on merits and the petitioner has now remained in custody since 20.10.2024, the petitioner is enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Rohtas at Sasaram in Dehri P.S. Case No. 209 pf 2023, subject to the following conditions:- (i) the petitioner shall cooperate in investigation/ trial. (ii) the learned trial court shall verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) N.K/- U T