Bholu Paswan @ Molu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.44466 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44466 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ======================================================

1. Bholu Paswan @ Molu Paswan Son of Manoj Paswan, Resident of Mohallah- Topkhana Bazar (Katghar), P.S. Kotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarkeshwar Pd. Verma For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bhagalpur P.S.Case No.01 of 2017 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 24 ltrs. & 200 ml. of liquor.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner rather from the platform. The petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he has remained in custody for about eight months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44466 of 2017 (2) dt.15-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cumSpecial Judge Excise, Bhagalpur in connection with Bhagalpur Rail P.S.Case No.01 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T