Pitamber Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88310 of 2025 Arising Out of PS. Case No.-382 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== Pitamber Paswan S/o Parmeshwar Paswan R/o Village- Jabdi, P.S.- Babubarhi, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Babubarhi PS. Case No. 382 of 2025 dated 29-08-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act,2022.

3. The allegation is of recovery of 15.895 litres of illicit Nepali liquor from the room beside the medicine shop of Pitamber Paswan.

4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner is a tenant of

Patna High Court CR. MISC. No.88310 of 2025(2) dt.22-12-2025 2/3 Yogendra Yadav having taken one of his shops on rent for the purpose of running a medicine business. Nothing has been recovered from the petitioner's shop; rather, the alleged illicit liquor was recovered from another room in the house of Yogendra Yadav. Lastly, it is submitted that one criminal case is pending against the petitioner, in which he is already on bail.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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, Madhubani, in G.R. No. 1156 of 2025 arising out of Babubarhi PS. Case No. 382 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father,

Patna High Court CR. MISC. No.88310 of 2025(2) dt.22-12-2025 3/3 mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed (Khatim Reza, J) shyambihari/- U