Sri Prasad Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4813 of 2019 Arising Out of PS. Case No.-737 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul * ====================================================== Sri Prasad Paswan Son of- Dhukha Paswan Resident of village-Pipra Ward No.-9, P.S. Pipra, District- Supaul.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 737 of 2018 arising out of P.R. Case No. 46 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 78 litres of country made liquor from the possession of petitioner. Petitioner is also accused in case of similar nature.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

However, after six months of custody the petitioner

Patna High Court CR. MISC. No.4813 of 2019(3) dt.06-03-2019 2/3 would be enlarged on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-2nd cum Special Judge, Excise, Supaul, in connection with Excise Case No. 737 of 2018 arising out of P.R. Case No. 46 of 2018 subject to the conditions that:-

(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

Patna High Court CR. MISC. No.4813 of 2019(3) dt.06-03-2019 3/3 offences, after his release on bail the trial court shall take steps to cancel his bail bond.

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