Lalbabu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.283 of 2025 Arising Out of PS. Case No.-98 Year-2020 Thana- Excise P.S. District- Samastipur ====================================================== Lalbabu Paswan Son of Dhanu Paswan R/o Vill- Ward No.-05, Kaji Dumra, P.S - Rosera, District- Samastipur, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 98 of 2020 arising out of G.R. No. 97 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 138.240 litres of foreign liquor was recovered from the house of the petitioner.

4.

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. It is submitted

Patna High Court CR. MISC. No.283 of 2025(6) dt.30-01-2025 2/2 that local people disclosed the name of the petitioner It is further submitted that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 12.11.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

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

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 98 of 2020 arising out of G.R. No. 97 of 2020. (Rudra Prakash Mishra, J) Raj Ranjan/- U T