Lalit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32493 of 2021 Arising Out of PS. Case No.-408 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== LALIT PASWAN S/o Jageshwar Paswan Resident of Village- Anand Kamtol, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Namrata Mishra, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-11-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Vaishali (Belsar O.P) P.S. Case No. 408 of 2020 registered for the offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Recovery is of 1672.50 liters of country made liquor.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.32493 of 2021(2) dt.29-11-2021 2/3 implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner. The petitioner happens to be driver of the vehicle in question and he has no concern with the alleged recovery. The vehicle in question belongs to one Sanjay Sah. The petitioner, who is of no fault, is rotting in judicial custody since 15.12.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that petitioner owns one more case of similar nature although he is on bail. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II -cum- Excise Court, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 408 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.32493 of 2021(2) dt.29-11-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T