← Library
Patna High CourtCR. MISC./91091/2025bail rejected

Manoj Paswan @ Manoj Kumar Paswan v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91091 of 2025 Arising Out of PS. Case No.-529 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Manoj Paswan @ Manoj Kumar Paswan Son of Banarasi Ram @ Janak Paswan Resident of Village - Bara Bariyarpur, P.S.- Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 529 of 2025 instituted for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 50 litres of liquor was recovered from rickshaw.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of the apprehended coaccused. Petitioner has no concern with the alleged recovery.

Patna High Court CR. MISC. No.91091 of 2025(2) dt.19-01-2026 2/2 Learned counsel, therefore, submitted that prima-facie, no case is made out against the petitioner. The petitioner has three criminal antecedents. 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 as also the petitioner having three criminal antecedents of similar nature, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T