Bhola Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14810 of 2021 Arising Out of PS. Case No.-410 Year-2020 Thana- BISFI District- Madhubani ====================================================== BHOLA PASWAN Son of Shobhit Paswan Resident of Village- Simari, Ward No.6, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Miss Kusum Rani, Adv For the Opposite Party/s :
Mr. Arun Kr., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-08-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Bisfi P.S. Case No. 410 of 2020 corresponding to G.R. No. 1706/2020 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.
Patna High Court CR. MISC. No.14810 of 2021(2) dt.25-08-2021 2/3 Since 19.12.2020, petitioner is stated to be in custody on alleged recovery of 19.5 litres illicit liquor. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The submission is that recovery is not in accordance with law and he has no criminal antecedents.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in Bisfi P.S. Case No. 410 of 2020 corresponding to G.R. No. 1706/2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.14810 of 2021(2) dt.25-08-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T