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2025 DAILYLAW 66979 (PAT)

Adhar paswan @ Ramadhar paswan v. The State of Bihar

CR. MISC./54039/2025 · 2025-08-08

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54039 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Adhar paswan @ Ramadhar paswan S/o Shankar paswan Resident of Village - Vishunpura, P.S. - Pipra, Dist. - 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. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Pipra P.S. Case No. 169 of 2025 instituted for the offences punishable under Sections 30(a), 30(b), 30(c), 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 205 litres of liquor was recovered from bushes. In addition, 495 litres of liquor was destroyed at the spot. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted Patna High Court CR. MISC. No.54039 of 2025(2) dt.08-08-2025 2/2 that petitioner has no knowledge and concern with the alleged recovery. Learned counsel further submitted that the alleged recovery has been made from an open place which is accessible to public at large. Learned counsel further submitted that, prima- facie, no case is made out against the petitioner. The petitioner has no criminal antecedent. 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, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 169 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Alok Verma/- (Rudra Prakash Mishra, J) U T