Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9581 of 2019 Arising Out of PS. Case No.-462 Year-2018 Thana- PATNA RAIL P.S. District- Patna ====================================================== RAJESH PASWAN S/o Late Kameshwar Paswan, resident of villageNadawan Bazar, P.S-Dhanarua, Dist.-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Narain Yadav For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Special Case No. 12005 of 2018, arising out of Rail Patna Junction P.S. Case No. 462 of 2018 for offences punishable under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the rail police personnel, is that during checking the petitioner was apprehended with 29.50 litres of Indian made foreign liquor, which he was carrying in two big bags. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel

Patna High Court Cr.Misc. No.9581 of 2019(2) dt.19-02-2019 2/3 for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He further submits that petitioner is languishing in judicial custody since 19.12.2018 and has been sufficiently punished. He undertakes not to induce witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection with Special Case No. 12005 of 2018, arising out of Rail Patna Junction P.S. Case No. 462 of 2018, subject to the following conditions : 1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at

Patna High Court Cr.Misc. No.9581 of 2019(2) dt.19-02-2019 3/3 liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T