Brahamdeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22146 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- DHAKA District- East Champaran ====================================================== BRAHAMDEO PASWAN Son of Late Mahadev Paswan Resident of Village - Jhauram, P.S. - Dhaka, District - East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Dhaka P.S. Case No. 40 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Excise Act, 2016.
111 litres of Nepali liquor is said to have been recovered from the house of this petitioner.
It is submitted that petitioner has falsely been implicated in this case merely on suspicion. Nothing has been recovered from conscious possession of this petitioner. The provision of section 100 Cr.P.C has not been followed. The
Patna High Court CR. MISC. No.22146 of 2020(2) dt.25-08-2020 2/2 petitioner is in custody since 24.01.2020 having clean antecedent Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, East Champaran at Motihari in connection with Dhaka P.S. Case No. 40 of 2020 subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T