Kanhai Paswan @ Vikash @ Vikash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19306 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.
KANHAI PASWAN @ VIKASH @ VIKASH PASWAN Son of Budhan Paswan 2.
Jagdish Paswan Son of Late Laldhari Paswan Both Resident of Village - Darhar, P.S.- Bahadurpur, P.O.- Laheriasarai, District- Darbhanga, 846001 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parth Gaurav For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== 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.) 11-06-2020 Heard learned counsel for the parties.
Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Allegation is recovery of 30 litres of Nepali liquor from the side of the motorcycle and 231 litres of Nepali liquor from the courtyard of the petitioners.
It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case due to dirty village politics and they have been made scapegoat. Petitioners have no criminal antecedent and they are
Patna High Court CR. MISC. No.19306 of 2020(2) dt.11-06-2020 2/3 in custody since 18.02.2020.
Learned counsel for the petitioners submit that petitioners have voluntarily agreed to donate Rs. 20,000/- in "CHIEF MINISTER RELIEF FUND, BIHAR," IN THE ACCOUNT NO. 2065104000002257, IFSC CODEIBKL0002065, BANK-IDBI, BRANCH-KIDWAIPURI, PATNA, within 15 days after their release from prison. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bahadurpur P.S. Case No.89 of 2020/G.O. Case No.213 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioners tamper 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 petitioners.
Patna High Court CR. MISC. No.19306 of 2020(2) dt.11-06-2020 3/3
(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.
(S. Kumar, J) Sanjay/- U T