Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86047 of 2025 Arising Out of PS. Case No.-356 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Mukesh Paswan, aged about 28 years (Male), S/o- Ramratan Paswan R/vChapri Ps- Sirdalla Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate Ms. Sweta Burnwal, Advocate For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2025 Heard learned counsels appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sirdalla P.S. Case No. 356 of 2025 registered for the offence(s) punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 70 litres of illicit liquor was recovered from a sack, which was being carried on a motorcycle and the same was thrown by the accused persons, after seeing the police party. One co-accused was apprehended along with a motorcycle bearing Registration No. ME15EG1338276 and another person managed to flee away. The apprehended co-accused disclosed the name of the

Patna High Court CR. MISC. No.86047 of 2025(2) dt.18-12-2025 2/3 petitioner and he also disclosed that the said motorcycle belonged to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was not present and he has been made accused in this case, being the owner of the motor in question, which was given by the petitioner to co-accused Sachin Kumar in good faith and the same was being driven by him at the time of said incidence and as such, the petitioner had no idea that he was carrying liquor on the said motorcycle.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.86047 of 2025(2) dt.18-12-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court where the case is pending in connection with Sirdalla P.S. Case No. 356 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned 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 paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T