Pujan Pasi @ Pujan ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34243 of 2026
                     Arising Out of PS. Case No.-258 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Pujan Pasi @ Pujan Chaudhary Son of Baban Pasi @ Baban Chaudhary
                 Resident of Village- Satyanarayan Tola, Balchandwa, P.S.- Bikramganj,
                 District- Rohtas

                                                                                  ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Sunil, Advocate
                 For the Opposite Party/s :        Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   19-05-2026                     Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bikramganj P.S. Case No. 258 of 2025, registered under

                   Sections      30(a)        of   the   Bihar    Prohibition       and     Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution story, which has been

                   lodged on the basis of the written report submitted by the

                   informant to the effect that while the informant, along with the

                   police party was on a patrolling duty, he received a secret

                   information that the petitioner and one Upendra Pasi were

                   selling country made liquor near the bank of Kau river. To verify

                   the authenticity of the information received by the informant, he
Patna High Court CR. MISC. No.34243 of 2026(2) dt.19-05-2026
                                            2/4




          proceeded towards the place of occurrence. Upon seeing the

          police party, two persons started fleeing away and managed to

          escape. The Chowkidar, who was present along with the police

          party, identified the persons, who fled away as the petitioner and

          Upendra Pasi. A search was conducted at the place, from where

          in an abandoned plastic box, 32 liters of liquid, which is

          suspected to be country made liquor, was recovered and a

          seizure list was prepared.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence,

          rather the alleged recovery of 32 liters of country made liquor is

          said to have been made from the bank of Kau river, which is a

          open place and accessible to all. The petitioner was not present

          at the place of occurrence and his name transpired in the present

          case only on the basis of information/identification of the

          Chowkidar. He further submits that nothing has been recovered

          from the possession of the petitioner and the petitioner has got

          no concern with the alleged/seized liquor. He further submits

          that the petitioner has got a clean antecedent.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of bail to the petitioner.

                       6. Having heard the learned counsel for the parties
Patna High Court CR. MISC. No.34243 of 2026(2) dt.19-05-2026
                                            3/4




          and after going through the records, it appears that 32 liters of

          country made liquor was recovered from the bank of river Kau

          and the petitioner was not present at the place of occurrence. His

          name transpired in the present case, only on the basis of the

          identification of the Chowkidar, who was present along with the

          police party on the date of occurrence. Apart from the said

          identification, nothing has come against the petitioner and, since

          he was not present at the place of occurrence, no recovery is

          said to have been made from the petitioner. The petitioner has

          got a clean antecedent. Considering the aforesaid facts and

          circumstances, let the petitioner, above named in the event of

          arrest/surrender within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Judge, Excise Court No. - I, Rohtas at Sasaram in connection

          with Bikramganj P.S. Case No. 258 of 2025, subject to the

          conditions as laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023, and subject to the following

          condition:-

                       (I) That the learned court concerned shall verify the

          criminal antecedent of the petitioner and in case at any stage, it
           Patna High Court CR. MISC. No.34243 of 2026(2) dt.19-05-2026
                                                       4/4




                     is found that the petitioner has concealed his criminal

                     antecedent, the court concerned 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.



                                                 (Ritesh Kumar, J)
Ajay/Kunal/-

U      T