Lalindra Paswan @ Lakhindra Paswan @ Lakhandar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28142 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== LALINDRA PASWAN @ LAKHINDRA PASWAN @ LAKHANDAR PASWAN S/o Shankar Paswan Resident of Village- Kharsand, P.S.- Kalyanpur, District- Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 14-06-2021 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 47, 30(a), 41(2)(1) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 10 litres country-made liquor from the bush adjacent to petitioner's house. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and nothing was recovered from his conscious possession or from his house. Even in seizure list, recovery of illicit liquor has been shown from the bush adjacent to the house of petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before
Patna High Court CR. MISC. No.28142 of 2021(2) dt.14-06-2021 2/2 the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kalyanpur P.S. Case No.37 of 2021 / FIR No.5133009210037 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following 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 properly 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) Sanjay/- U T