Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78980 of 2018 Arising Out of PS. Case No.-728 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Pramod Paswan, son of Late Basdeo Paswan, resident of village- Madhopur, Gopal Chauk, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Turkauliya P.S. Case No.728 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Informant is a Police Officer has stated in his written complaint that he received an information that Pramod Paswan (petitioner) is indulged in trade of illicit liquor in his house and when he raided the house of the petitioner he started to flee away, however, he was apprehended after chase and 20 litres of country made liqour was recovered from his straw house. It has been submitted on behalf of the petitioner that nothing was recovered from his conscious possession and he has

Patna High Court Cr.Misc. No.78980 of 2018(2) dt.21-01-2019 2/2 been implicated in this case by his enemies in village rivalry. Petitioner has no criminal antecedent and he is in custody since 04.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, East Champaran, Motihari in connection with Turkauliya P.S. Case No.728 of 2018, 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