Tempu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37490 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== 1.

TEMPU PASWAN S/O LATE BINDESHWARI PASWAN R/o villageKamalpur, Ward No.- 20, P.S.- Khagaria, District- Khagaria 2.

Ranjan Paswan S/o Late Chalha Lala Paswan R/o village- Kamalpur, Ward No.- 20, P.S.- Khagaria, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, eight liters of country made liquor has been recovered from the house of petitioner No.1 and four liters of country made liquor has been recovered from the house of petitioner No. 2.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioners and they are no way concerned with the alleged recovery. The recovery is made from house which is in joint possession of the family. Petitioners are in custody since 27.03.2021 and investigation in

Patna High Court CR. MISC. No.37490 of 2021(2) dt.21-09-2021 2/2 this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, 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 Special Judge, Excise Act, Khagaria in connection with Khagaria PS case No. 153/2021 on the following conditions:-

(1) Petitioners 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 cancelled by the Court below.

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

(Prabhat Kumar Singh, J) BKS/- U T