Shrawan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26293 of 2024 Arising Out of PS. Case No.-2 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Shrawan Paswan S/o Sri Ganaga Paswan R/o village - Karmnagar, Kachahari Gachhi, P.S. - Mohiuddin Nagar, distt. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeswari Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Mohiuddin Nagar P.S. Case No. 02 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, it is a case of recovery of 20 liters of country made liquor from the possession petitioner and other co-accused persons. It is also alleged that the petitioner and other co-accused person were involved in making and selling country made liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.26293 of 2024(2) dt.08-04-2024 2/3 present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 08.01.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of the FIR, impugned order dated 22.02.2024, it appears that this is a case of misuse of bail of the petitioner and he is absent from the appearance before the trial Court in this case since 20.05.2023. Petitioner is ready to surrender before the trial Court as submitted by learned counsel for the petitioner. So this is misuse of bail for about one year and the petitioner is in custody since 08.01.2024.
7. Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 2, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 02 of 2021.
8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this
Patna High Court CR. MISC. No.26293 of 2024(2) dt.08-04-2024 3/3 order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of trial of this case and if the petitioner remain absent on two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the trial Court itself. (Ramesh Chand Malviya, J) saurabhkr/- U T