Rambabu Paswan @ Rambabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88313 of 2025 Arising Out of PS. Case No.-386 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Rambabu Paswan @ Rambabu Son of Fekan Paswan Resident of VillageBrindavan, P.S.- Ladania, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Babubarhi PS Case No. 386 of 2023 instituted for the offences under Sections 30(a), 32(i),(ii),(iii), 41(i)(ii) of the Bihar Prohibition and Excise Act and under Sections 279, 272, 273, 420, 34 of the Indian Penal Code.

3.

The prosecution case, in short, is that total 448.45 litres of illicit foreign liquor was recovered from the Scorpio vehicle.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by the apprehended co-accused person. Learned

Patna High Court CR. MISC. No.88313 of 2025(2) dt.15-01-2026 2/2 counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5.

Learned APP 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Babubarhi PS Case No. 386 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Siddharth Soni/- U T