Ratnesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20726 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== RATNESH PASWAN S/o Late Bachuchu Paswan R/o - Village - Bhupbhairo, Kanta Chauk, P.S. and Distt. - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Case No. G.O. 07/19 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 825 litres of Nepali Saufi Wine from Tata Sumo in which petitioner was sitting, however when the vehicle was intercepted by S.S.B. the driver fled away from the vehicle.

It has been submitted on behalf of the petitioner that he had no knowledge that the illicit liquor has been kept in the Tata Sumo. It has been further submitted that during his custody

Patna High Court CR. MISC. No.20726 of 2019(2) dt.03-04-2019 2/2 petitioner was remanded in another case as disclosed in para No. 3 of petition and he is in custody since 02.02.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Spl. Judge, Excise Act, Sitamarhi, in connection with Case No. G.O. 07/19 subject to the conditions that:-

(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 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) veena/- U T