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2025 DAILYLAW 50907 (PAT)

Tulsi paswan v. The State of Bihar

CR. MISC./40476/2025 · 2025-06-26

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40476 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- CHHAURADANO District- East Champaran ====================================================== Tulsi paswan Son of Late Ganpati paswan Resident of village - Kodarkat , P.S- Chhaudano, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 26-06-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Chhauradano P.S. Case No. 62 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, 50 liters liquor was recovered from plastic sack behind the house of the petitioner and the petitioner was apprehended on spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got Patna High Court CR. MISC. No.40476 of 2025(2) dt.26-06-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the alleged recovery has been made from plastic sack behind the house of the petitioner which is an open place and the same is easily accessible to public at large. The petitioner is in custody since 11.03.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhauradano P.S. Case No. 62 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T