Pawan Kumar @ Pawan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1405 of 2025 Arising Out of PS. Case No.-389 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Pawan Kumar @ Pawan Bind Son of Rajendra Bind Resident of VillageKadirganj, P.S.- Darigaon, Distt.- Rohtas, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Rohtas Excise Case No. 1038 of 2024, FIR No. 389/2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022. Petitioner has one criminal antecedent in which he is on bail, as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to have in possession of 30 litres of illicit country made liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.1405 of 2025(2) dt.05-02-2025 2/3 petitioner submitted that name of the petitioner transpired in this case on the basis of disclosure made by apprehended named co-accused persons, where in furtherance of, no illicit liquor appears to be recovered from conscious physical possession of this petitioner. It is submitted that petitioner was found involved in one more criminal case, in which he is on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1, Rohtas at Sasaram/concerned court in connection with Rohtas Excise Case No. 1038 of 2024, FIR No. 389/2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.1405 of 2025(2) dt.05-02-2025 3/3 Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T