Vinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4781 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== VINAY PASWAN Son of Jagdish Paswan R/V- Bakhri Bujurg, P.SMusarigharari, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 21.12.2022 in connection with Teghra P.S. Case No. 379 of 2022, F.I.R. dated 20.12.2022 for the offences punishable under Sections 30(a), 32(i)(ii), 36, 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Recovery is of total 3184.920 liters of foreign illicit liquor from the truck.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession or the house of the petitioner rather the

Patna High Court CR. MISC. No.4781 of 2023(2) dt.29-04-2023 2/3 recovery has been made from the truck. He further submits that petitioner has no concern at all with the alleged recovery of illicit liquor and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 21.12.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one, in which he is on bail as stated in Para-3 of the bail petition.

Considering the aforesaid facts and circumstances, nothing has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Act, Begusarai in connection with Teghra P.S. Case No. 379 of 2022, subject to the following conditions:-

1. Petitioner 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 his absence on two

Patna High Court CR. MISC. No.4781 of 2023(2) dt.29-04-2023 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) mdrashid/- U T