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Madan Paswan v. The State of Bihar

Patna HC8 Jan 2025CR. MISC./88740/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a Bihar Prohibition and Excise Act case involving recovery of nine litres of liquor. The court noted nothing was recovered from the petitioner's conscious possession and granted bail upon arrest or surrender, with conditions including trial cooperation and antecedent verification.

What did the court decide?

Petitioner to be released on bail on furnishing bond of Rs. 10,000 with two sureties on arrest/surrender within thirty days.

Madan Paswan Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88740 of 2024

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Arising Out of PS. Case No.-454 Year-2024 Thana- BATHNAHA District- Sitamarhi

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

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Madan Paswan S/O Suresh Paswan R/O Village- Bhalha, P.S. - Bathnaha, Dist. - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 08-01-2025

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Heard Mr. Santosh Kumar, learned counsel for the

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petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest connection with Bathnaha P.S. Case No. 454 of 2024, F.I.R. dated 02.10.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

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Recovery is of 09 liters of Gaurabh Saufi liquor.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. itself that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made in

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front of the house of the petitioner. He further submits that the petitioner has no concern at all with the alleged recovery of

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Patna High Court CR. MISC. No.88740 of 2024(2) dt.08-01-2025 2/4

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illicit liquor and he has been made accused in the present case due to his previous criminal antecedent of similar nature. Therefore, the recovery cannot be attributed to the petitioner. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr. P.C./ Section 103 of BNSS, 2023 No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the prearrest bail would not be maintainable. He further submits that the petitioner carries one more case of similar nature but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.LJ.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Patna High Court CR. MISC. No.88740 of 2024(2) dt.08-01-2025 3/4

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Considering the aforesaid facts, that nothing has been recovered from conscious possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order. be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Sitamarhi in connection with Bathnaha PS. Case No. 454 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

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Patna High Court CR. MISC. No.88740 of 2024(2) dt.08-01-2025 4/4

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any stage 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, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Ibrar//-

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U T

Madan Paswan v. The State of Bihar

Case brief

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Madan Paswan v. The State of Bihar

Case brief

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