Dipu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16482 of 2019 Arising Out of PS. Case No.-193 Year-2018 Thana- SACHIVALAYA District- Patna ====================================================== DIPU PASWAN (Male), aged about 24 years, Son of Late Suresh Paswan, Resident of Mohalla- Railway Crossing, Near R Block, Behind P.N.T. Jhoparpatti, P.S. - Sachivalaya, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer has received a secret information that petitioner and one Dinesh Paswan are doing business of illegal liquor in Jhoparpatti being P.N.T. Club. On such information they reached there and on seeing police party one person started fleeing along with bag but he was caught hold and from bag 16 pouch of 200 ml. each total 3.2 liters country made liquor was recovered. On inquiry he disclosed his name as Dinesh Paswan. On further inquiry he

Patna High Court CR. MISC. No.16482 of 2019(2) dt.04-04-2019 2/3 disclosed that his brother Dipu Kumar purchased liquor from outside.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner was not apprehended on the spot. Nothing has been recovered from possession of the petitioner. Petitioner is in custody since 09.02.2019. 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 court below where the case is pending in connection with Special Case No. 11483 of 2018, arising out of Sachivalaya P.S. Case No. 193 of 2018, subject to 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 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

Patna High Court CR. MISC. No.16482 of 2019(2) dt.04-04-2019 3/3 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 bonds.

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