Lalit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2148 of 2020 Arising Out of PS. Case No.-187 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== Lalit Paswan Son of Late Jivlal Paswan, Resident of Village-Malangia (Hazama Chowk), P.S-Rahika, District-Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Govind Kumar Jha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Keoti P.S. Case No. 187 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that from the car 45 liters of Nepali liquor have been recovered and the petitioner is said to be the driver of the said car and petitioner is in custody since 10.12.2019 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the submission of learned counsel for the petitioner that from the car 45 liters of Nepali liquor have been

Patna High Court CR. MISC. No.2148 of 2020(2) dt.16-01-2020 2/2 recovered and the petitioner is said to be the driver of the said car but has remained in custody since 10.12.2019 having no criminal antecedent, let the petitioner above named be released on bail on completion of statutory period of investigation in connection with G.O. Excise Case No. 1265 of 2019 arising out of Keoti P.S. Case No. 187 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge (Excise), Darbhanga, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T