Allowed

Dilip paswan v. The State of Bihar

Patna HC13 May 2025CR. MISC./6849/2025

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner apprehending arrest for recovery of country-made liquor from an open place. The court considered the petitioner's disclosure of a prior bail case and imposed conditions for cooperation and verification of antecedents.

What did the court decide?

Anticipatory bail granted in the event of arrest within four weeks, subject to bail bond of Rs. 10,000 with two sureties, cooperation in investigation, and verification of antecedents.

Dilip 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.6849 of 2025

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Arising Out of PS. Case No.-601 Year-2021 Thana- GAYA MUFASIL District- Gaya

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======================================================

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Dilip paswan S/o Late Bullu paswan R/o Vill.- Bhadeja, P.S.- Muffasil, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrigendra Kumar, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 13-05-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The allegation is of recovery of 15 litres of country made Mahua liquor and 530 liters of fermented Mahua which was destroyed at the site from Bhadeja Aahar.

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Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of an identification by the local Choukidar as a person who had fled away from the scene of occurrence. There is no recovery from the physical or conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to all.

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Patna High Court CR. MISC. No.6849 of 2025(4) dt.13-05-2025 2/3

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Learned APP for the State has opposed the application for anticipatory bail on the ground that the petitioner has one criminal antecedent. However, learned counsel for the petitioner has filed a supplementary affidavit to show that the petitioner is on bail in the said case and except the said case, the petitioner has no other criminal antecedent.

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Considering the abovementioned facts and circumstances, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 in connection with Muffasil P.S. Case No. 601 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. and subject to the further condition that:-

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(i) The petitioner shall cooperate in the

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investigation/trial.

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(ii) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the

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Patna High Court CR. MISC. No.6849 of 2025(4) dt.13-05-2025 3/3

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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.

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(Soni Shrivastava, J)

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devendra/-

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U T

Dilip paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dilip paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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