Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28285 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== CHANDAN PASWAN Son of Phtal Paswan Resident of Village- Batsar, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma, Adv.

Mr.Dhirendra Nath Jha, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Jagdishpur P.S. Case No.332 of 2020, registered for the offence punishable under Section 30(a) of the Excise Act, 2016.

Several brands of different quantities of illegal wine has been recovered from the tempo of the petitioner coming from village kasimpur side.

Patna High Court CR. MISC. No.28285 of 2021(2) dt.05-08-2021 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. No incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The said vehicle from where recovery has been made does not belongs to the petitioner nor he is driver of the said vehicle. Petitioner has been falsely implicated in this case. Petitioner has no criminal antecedent as mentioned in para-3 of the application and has been languishing in custody since 25.09.2020.

Petitioner is agreed to deposit a sum of Rs. 5000.00/- (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released 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 A.D.J.-II-cum Special Judge, Excise, Bhagalpur, in connection with Jagdishpur P.S. Case No.332 of 2020, with the

Patna High Court CR. MISC. No.28285 of 2021(2) dt.05-08-2021 3/3 following conditions:- (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00/- (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T