Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83547 of 2025 Arising Out of PS. Case No.-1188 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Pawan Kumar, 25 years, Son of Sharjug Choudhari @ Saryug Chaudhari @ Sarju Choudhari Resident of Village- Keshopur, P.S.- Barun, DistrictAurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Excise Sadar P.S. Case No.1188 of 2025 registered for the offences punishable under Sections 30(a),30(c),32(3),41(1),41(2) of Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total of 30 litres of illicit country made mahua liquor and 1200 litres of fermented Java mahua jaggery solution were recovered from two gallons from a public place/government land.

4. Learned counsel for the petitioner submits that petitioner has been falsely been implicated in this case. He

Patna High Court CR. MISC. No.83547 of 2025(2) dt.10-12-2025 2/3 further submits that petitioner has no concern with the alleged recovered materials and submits that 30 litres of illicit country made mahua liquor and 1200 litres of fermented Java mahua jaggery solution were recovered from two gallons in the Son Diara area and the said area is a government land and public property and hence does not belongs to petitioner. He next submits that no incriminating article has been recovered from the possession of the petitioner. He further submits that name of the petitioner has been transpired in this case on the basis of disclosure made by other arrested co-accused persons, who have enmity with the petitioner. He next submits that petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

5. Learned counsel for the State opposes the prayer for bail of the petitioner.

6. On perusal of the First Information Report and impugned order dated 10.11.2025, it appears that the alleged recovered articles were recovered from Son Diara area, which is a government land/public place. So, considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner, let the

Patna High Court CR. MISC. No.83547 of 2025(2) dt.10-12-2025 3/3 above named petitioner be released on bail in the event of his arrest or surrender before the Trial Court within a period of six 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 Special Judge, Excise Court No.02, Aurangabad in connection with Excise Sadar P.S Case No. 1188 of 2025 subject to the condition laid down under Section 482(2) of B.N.S.S.

(Ramesh Chand Malviya, J) Harshita/- U T