Patna High CourtCR. MISC./4433/2019bail granted

Mukesh Paswan v. The State Of Bihar

2019-01-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4433 of 2019 Arising Out of PS. Case No.-630 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Mukesh Paswan, son of Kamlu Paswan, Resident of Village- Sumera, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Asha Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kudhani (Turki O.P.) P.S. Case No. 630 of 2018 registered for the offences punishable under Sections 30(K) and 30 (KH) of Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 16.530 liters of foreign liquor from the room of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to dirty local politics. Nothing was recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 26.12.2018. Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.4433 of 2019(2) dt.28-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Kudhani (Turki O.P.) P.S. Case No. 630 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T