Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21175 of 2021 Arising Out of PS. Case No.-262 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Pappu Paswan, aged about 45 years, Male Son of Late Krishna Paswan, Resident of Village- Charghara Paswan Tola, Police Station - Jhajha, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-11-2021 Heard Mr. Jay Ram Prasad, learned counsel appearing on behalf of the petitioner and Mr. Mukeshwar Dayal, learned APP appearing on behalf of the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Complaint Case No. 262C2 of 2020 dated 14.12.2020 registered for offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2016 as amend up to date.

It has been alleged in the FIR that on 09.11.2020 at about 5.30 P.M. a raid was conducted in the house of the petitioner and 14 liters country made illicit liquor were

Patna High Court CR. MISC. No.21175 of 2021(2) dt.17-11-2021 2/3 recovered. Learned counsel appearing on behalf of the petitioner submits that he has falsely been implicated in this case. He further submits that a very small quantity of liquor has been recovered from the house and he is not involved in manufacturing of trade of the prohibited item. The petitioner counsel has further submits that petitioner is in custody since 02.11.2020.

Learned counsel appearing on behalf of the State, submits that the petitioner has involved in the trade of manufacturing of illicit liquor and previously also he has been made accused in Complaint Case No. 518C2 of 2016, which is pending before the Special Court at Jamui and as such he did not deserve the privilege of bail.

Considering the facts and circumstances of the case and the allegation made in the FIR as well as a small quantity of illicit liquor has been recovered from the house, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge 2nd-cum-Special Judge (Excise), Jamui in connection with Complaint Case No. 262C2 of 2020, subject to following conditions:

Patna High Court CR. MISC. No.21175 of 2021(2) dt.17-11-2021 3/3

(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 properly 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 offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J.) Anand Kr.

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