Rajiv Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23723 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== RAJIV KUMAR PASWAN Son of Abbu Paswan @ Habu Paswan Resident of Village-Amghatta Bhagwanpur, P.S.-Sitamarhi, District-Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar For the Opposite Party/s :

Mr. Nityanand Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 & 414 of the Indian Penal Code and Sectio 30(a) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.23723 of 2020(2) dt.17-09-2020 2/3 Act, 2016.

Acting on a tip-off, 381 liters of Nepali liquor is said to have been recovered from a car by the police and the petitioner along with other co-accused was apprehended.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern either with the seized liquor or the car in question or any trade of liquor. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case by the police. As a matter of fact, the petitioner had taken a lift from the driver of the car without knowing the fact that the car is carrying illegal liquor. He has no criminal antecedent and has been languishing in custody since 10.05.2020.

Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.23723 of 2020(2) dt.17-09-2020 3/3 Additional District Judge-II, Sitamarhi in connection with Sonbarsa P.S. Case No.90 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00 (Rupees Fifteen Thousand) in the Chief Minister Relief Fund, Bihar.

(Anjani Kumar Sharan, J) Trivedi/- U T