Amarjit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2370 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- JADOPUR District- Gopalganj ====================================================== 1.
AMARJIT PASWAN S/O RAMBHAROSH PASWAN @ BHAROS PASWAN R/o village- Mathgarib, P.S.- Chakiya, District- Motihari (East Champaran) 2.
Sanjeev Kumar @ Sanjeet Kumar S/o Sathoon Ram R/o village- Mathgarib, P.S.- Chakiya, District- Motihari (East Champaran) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Ranjan Sinha, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Jadopur P.S. Case No. 184 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 155.52 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioners rather the alleged recovery has been made from the vehicle bearing registration No BR-06H-
Patna High Court CR. MISC. No.2370 of 2022(2) dt.11-03-2022 2/3 3732. The petitioners have no concern with the alleged recovery. The petitioner No.1 happens to be Rajmistri and petitioner No.2 is the driver. He further submits that the police has submitted charge-sheet in this case against the petitioners. The petitioners are rotting in judicial custody since 27.11.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II -cum- Special Judge, Excise, Gopalganj in connection with Jadopur P.S. Case No. 184 of 2021 with the following conditions:-
(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or
Patna High Court CR. MISC. No.2370 of 2022(2) dt.11-03-2022 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J) brajesh/- U T