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2025 DAILYLAW 51464 (PAT)

Bhagirathi Paswan v. The State of Bihar

CR. MISC./42664/2025 · 2025-07-14

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42664 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KRISHNAGARH District- Bhojpur ====================================================== Bhagirathi Paswan S/o Rajkumar Ram @ Algu Paswan R/o Village- Jhonkipur, P.S.- Krishnagarh, District- Bhojpur at Ara ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Priya Shristi, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Krishnagarh P.S. Case No. 57 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation total 60 litres of country made liqour has been recovered from a white coloured bag, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in the instant case only due to blackmailing nature of the local police, coupled with previous enmity with a local chowkidaar. The allegations levelled against the petitioner are absolutely Patna High Court CR. MISC. No.42664 of 2025(2) dt.14-07-2025 2/3 false and concocted. In fact, the petitioner is sought to be prosecuted solely, in the garb of a disclosure made by apprehended accused persons, which has got absolutely no evidentiary value in the eye of law. It is also submitted that petitioner has got clean antecedent. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1st Bhojpur, Ara, in connection with Krishnagarh P.S. Case No. 57 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar Patna High Court CR. MISC. No.42664 of 2025(2) dt.14-07-2025 3/3 nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T