Upendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7817 of 2020 Arising Out of PS. Case No.-89 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== Upendra Paswan S/o Jagdish Paswan Resident of Village- Murliya Chak, Ward No.4, P.S.- Sitamarhi, Distt- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Sinha, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-05-2020 This matter has been taken up through Video Conferencing.
Heard the parties.
The petitioner is languishing in custody for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Foreign liquor was recovered from the outer house of the petitioner.
Submission is that the said house does not belong to the petitioner; rather bald allegation is there. The petitioner is in custody since 09.12.2019. Investigation of the case is already complete.
Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.7817 of 2020(3) dt.29-05-2020 2/2 Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Punaura P.S. Case No. 89 of 2019 with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J) Mkr./- U T