IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79256 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Aajad Kumar S/o- Sudama Paswan @ Sudama Kumar Village- Malti PS- Asthawan Dist- Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parmanand Prasad, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 02. In the present case, the petitioner is apprehending his arrest in connection with Asthawan P.S. Case No. 57 of 2024, registered on 16.03.2024, for the offences punishable under Sections 147, 149, 341, 342, 332, 337, 338, 224, 225, 353 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act. 03. As per prosecution case, police received information about the co-accused selling illicit liquor from his hatchery. A raid was conducted and co-accused persons, namely Balmukund Paswan and Hemant Kumar have been arrested. Recovery of 04 liters country made Chulai liquor was made from the spot. While the process was being completed for search Patna High Court CR. MISC. No.79256 of 2024(2) dt.10-01-2025 2/3 and seizure and arrest, the petitioner and other 7 named co- accused persons apart from 10-20 unknown miscreants assembled there and assaulted the police party with bricks, stone, lathi, danda causing injuries to them and also snatched two apprehended co-accused persons from the police party. 04. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner has no concern with the alleged occurrence and he has been named in this case merely on suspicion. There is no specific allegation against the petitioner for assaulting the police party and the allegation is against co-accused Balmukund Paswan and Hemant Kumar. Recovery of 04 liters of country made Chulai liquor was made near a community hall. There is no cogent material against the petitioner to connect him with the offence as alleged. The petitioner is having clean antecedent. 05. The learned A.P.P. opposes the submission made on behalf of the petitioner. 06. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague nature of allegation and the clean antecedent of the petitioner and further considering the possibility of false Patna High Court CR. MISC. No.79256 of 2024(2) dt.10-01-2025 3/3 implication, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Exclusive Special Judge (Excise)-I, Biharsharif, Nalanda/court concerned, in connection with Asthawan P.S. Case No. 57 of 2024, subject to the condition laid down under Section 438(2) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court. Ashish/- (Arun Kumar Jha, J) U T