Barelal Paswan @ Vadelal Paswan v. The State of Bihar
CR. MISC./53710/2025 · 2025-08-19
Sunil Dutta Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65922 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65922 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53710 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Barelal Paswan @ Vadelal Paswan S/o Late Mushahru Paswan R/o vill - Teghra Pathrahi, P.S - Babubarhi, District - Madhubani, At present R/o vill - Sarsara Pathrahi, P.S.- Ladaniya, Distt.- Madhubani ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Babubarhi P.S. Case No. 227 of 2024, instituted under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a), 41 of the Bihar Prohibition & Excise Act.
3. There is recovery of 14 litre illicit liquor from the motorcycle which was driven by one Ashok Kumar Paswan.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of disclosure statement of apprehended co- accused Ashok Kumar Paswan that the petitioner had given him the alleged liquor for delivering the same to Somani Devi. Petitioner has neither concern with the recovered liquor nor with
Patna High Court CR. MISC. No.53710 of 2025(2) dt.19-08-2025 2/2 the motorcycle. Nothing has been recovered from the possession of the petitioner. Petitioner has three criminal antecedents in which he is on bail. It is submitted that similarly situated co- accused, namely Somani Devi has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 18.07.2024 passed in Cr. Misc. No. 47457 of 2024. Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge Excise Act, Madhubani in connection with Babubarhi P.S. Case No. 227 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
rakhi/- (Sunil Dutta Mishra, J) U T