Musahru Paswan @ Musaharu Paswan @ Musharu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88994 of 2025 Arising Out of PS. Case No.-341 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== Musahru Paswan @ Musaharu Paswan @ Musharu Paswan Son of Late Rambhajan Paswan Resident of Village- Pastwar Ward No. 02, P.S.- Mahishi, District- Saharsa, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is seeking bail in connection with Mahishi P.S. Case No.341 of 2025, dated 15.10.2025 registered for the offences under Sections 30(a) of Bihar Prohibition and Excise Act, 2022.
3. As per the FIR, 35 liters of country made liquor is said to have been recovered from the hut of the petitioner.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case solely on the basis of secret information. It is further submitted that no recovery has been made from the petitioner or from his constructive possession and that the
Patna High Court CR. MISC. No.88994 of 2025(2) dt.24-12-2025 2/2 petitioner has no connection with the allegedly recovered liquor. It is also submitted that the hut is situated at an open place, where the access of other persons cannot be denied. The petitioner has been in judicial custody since 15.10.2025. Lastly, it is submitted that the petitioner has three criminal antecedents similar to the instant case, in which he is on bail.
5. Learned APP for the State vehemently opposed the prayer for bail.
6. Regard being had to the submission made by the parties, and taking into consideration the period of judicial custody, this Court is inclined to grant regular bail to the petitioner.
7. Let the petitioner, above named, be enlarged on bail 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 Exclusive Special (Excise) Judge-I, Saharsa/ Successor Court, in connection with Mahishi P.S. Case No.341 of 2025.
(Ajit Kumar, J) shikha/- U T