Umesh Paswan Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Krishna Deo Raj, Advocate For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 07-08-2025

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner apprehend his arrest in connection with G.O. Case no.190 of 2014 registered under section 47A of the Bihar Prohibition and Excise Act.

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As per the prosecution case, a secret information having been received that the petitioner is involved in the business of liquor, the police party conducted raid and 90 liters of country made liquor was recovered from the house of the petitioner.

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Learned counsel for the petitioners submits that the petitioner was not arrested at the spot. No recovery has been made from the physical or conscious possession of the petitioner

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Patna High Court CR. MISC. No.27510 of 2025(3) dt.07-08-2025 2/3

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and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. The petitioner undertakes to cooperate in the case/trial.

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The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner has four criminal antecedents of the same nature. In response, learned counsel for the petitioner submits that he is on bail in all cases.

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At this stage, the petitioner offers to deposit an amount of Rs. 5,000/- in the account of Patna High Court Legal Services Committee, Patna bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

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Considering the above mentioned facts and circumstances, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with G.O. Case no.190 of 2014 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject

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Patna High Court CR. MISC. No.27510 of 2025(3) dt.07-08-2025 3/3

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to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:-

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(I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner.

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(II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer as and when required till investigation is concluded against him.

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(III) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay preferably within a period of two weeks.

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(IV) the bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee.

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(Soni Shrivastava, J)

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Harsh/- U T

Umesh Paswan v. The State of Bihar

Case brief

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Umesh Paswan v. The State of Bihar

Case brief

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