Allowed¶14

Lakhindra Paswan @ Lakhindar Paswan v. The State of Bihar

Patna HC24 Jan 2025CR. MISC./3144/2025

Case brief

AI extract

What is this about?

Anticipatory bail allowed to Lakhindra Paswan @ Lakhindar Paswan in Muffasil P.S. Case No. 396 of 2024 (East Champaran; S. 30(a), Bihar Prohibition and Excise Act; alleged recovery of 3 litres foreign liquor). Surrender/arrest window six weeks; bond Rs. 10,000 with two like sureties; conditions under S. 482(2) BNSS. Counsel argued innocence, joint-house recovery, no antecedents, S. 103 BNSS non-compliance, and prior bail to co-accused (Cr. Misc. No. 86912 of 2024, 19.12.2024). Judge: Rudra Prakash Mishra; decided 24-01-2025.

What did the court decide?

Anticipatory bail: petitioner to be released, upon arrest or surrender within six weeks, on bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the court below, subject to Section 482(2) B.N.S.S. conditions. ¶14

Lakhindra Paswan @ Lakhindar Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3144 of 2025

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Arising Out of PS. Case No.-396 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran

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====================================================== Lakhindra Paswan @ Lakhindar Paswan Son of Mahesh Paswan Resident of Village - Pataura, Lala Tola, P.S. - Muffasil, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 24-01-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 396 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 3 litres of foreign liquor was recovered from a two storeyed house.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that recovery is

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Patna High Court CR. MISC. No.3144 of 2025(2) dt.24-01-2025 2/2

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made from the joint house of the petitioner where the other family members also reside. The petitioner has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 19.12.2024 passed in Cr. Misc. No. 86912 of 2024.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No. 396 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

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(Rudra Prakash Mishra, J)

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Raj Ranjan/- U T

Lakhindra Paswan @ Lakhindar Paswan v. The State of Bihar

Case brief

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Lakhindra Paswan @ Lakhindar Paswan v. The State of Bihar

Case brief

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