Sadhu Paswan @ Ramanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19501 of 2021 Arising Out of PS. Case No.-410 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== SADHU PASWAN @ RAMANAND PASWAN S/o Late Baleshwar Paswan @ Late Bhola Paswan Resident of Murli Hill @ Bairagi, P.S.- Kotwali, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Kotwali P.S. Case No. 410 of 2020, Special Excise Case No. 1408 of 2020 registered for the offences punishable under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that as per the prosecution story only two bottles of liquor were recovered from the possession of the petitioner. It is his submission that considering the small quantity of recovery the petitioner be enlarged on bail. He has already remained in custody for over

Patna High Court CR. MISC. No.19501 of 2021(2) dt.24-07-2021 2/3 eight months.

On the other hand, learned APP for the State submits that the petitioner has been getting involved in commission of similar kind of offence repeatedly which would be evident from the materials collected in course of investigation. This petitioner has got altogether nine cases on his head out of which six cases are under the similar provisions. In the FIR also the informant has alleged that this petitioner is a criminal who is involved in many cases and has been chargesheeted. He is said to be an absconder in three cases.

Considering the facts and circumstances of the case, the allegation being that he was arrested by police when he was found involved in delivery of liquor, he has got nine criminal antecedents, has been chargesheeted in many cases and according to the informant petitioner was absconding in three cases, this Court is not inclined to release the petitioner on bail at this stage.

Let the trial be expedited.

The trial court is directed to proceed with the trial in the present case and all endeavors be made to conclude the trial within a period of one year from the date of normal start of functioning of the court.

Patna High Court CR. MISC. No.19501 of 2021(2) dt.24-07-2021 3/3 If the trial remains unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail. Prosecution must cooperate in course of trial by producing all the witnesses on the date fixed in the matter. The application stands dismissed.

(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.