Balram @ Balram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18996 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- GAMAHARIYA District- Madhepura ====================================================== BALRAM @ BALRAM PASWAN Son of Sri Haridev Paswan @ Hardeo Paswan Resident of Village and P.O. Mukna, P.S. Bihra, District - Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 420,120(B) of IPC and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

Recovery is of 3897 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he falsely been implicated in the present case only on the basis of suspicion. In fact the petitioner was not apprehended on the spot. He further

Patna High Court CR. MISC. No.18996 of 2022(2) dt.08-08-2022 2/3 submits that the name of the petitioner has been transpired only on the basis of the disclosure made by co-accused persons. Further submits that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the Truck in question and the petitioner has not concern at all with the alleged recovery or the Truck in question and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 22.02.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Excise Case No. 531 of 2021 corresponding to Gamharia P.S. Case No.120 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.18996 of 2022(2) dt.08-08-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T