Pinku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23821 of 2021 Arising Out of PS. Case No.-252 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== PINKU PASWAN Son of Late Dilipn Paswan Resident of Village - Jamune, P.S.- Chandauti, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 26-04-2021 The defect(s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after the High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 30 litres mahua liquor from the bank of river.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner rather the alleged recovery has been made near the bank of river. Petitioner was not caught at the spot. Petitioner

Patna High Court CR. MISC. No.23821 of 2021(2) dt.26-04-2021 2/2 carries criminal antecedent of three cases in which he has been granted bail. Petitioner is in custody since 27.01.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chandauti P.S. Case No. 252 of 2018, with following conditions:-

(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 offences, after his release on bail, the trial court shall take steps to cancel his bail bond.

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