Ghuska Paswan @ Sanjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3334 of 2022 Arising Out of PS. Case No.-160 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== GHUSKA PASWAN @ SANJEET PASWAN Son of Padarath Paswan @ Ram Padarath Paswan Resident of Village - Dhami Tola, P.S. Parihar, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Parihar P.S. Case No. 160 of 2019, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per seizure list, 156 litre of Nepali liquor was recovered from the hut of the petitioner and co-accused Pappu Paswan.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.3334 of 2022(2) dt.16-06-2022 2/3 petitioner is in custody since 16.09.2021. It has further been submitted that petitioner has no concern with the hut where so called recovery has been made as the petitioner was neither seen at the place of occurrence. Petitioner bears criminal history of one case of similar nature but he is on bail. Charge-sheet has already been submitted and there is no chance of tampering with the evidence.

The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody as well as material available on record, let the petitioner above named be released 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 learned Additional District & Sessions Judge-II-cum-Special Judge (Excise), Sitamarhi in connection with Parihar P.S. Case No. 160 of 2019, subject to following condition: (i) The petitioner shall be released after framing of charge.

(ii) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

Patna High Court CR. MISC. No.3334 of 2022(2) dt.16-06-2022 3/3 (iii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T