Indrajeet Paswan @ Karpuri Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39215 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== Indrajeet Paswan @ Karpuri Paswan S/o Late Mauji Paswan R/o VillageBijhauli Bindi Chowk, P.S.- Tisiauta, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
01-10-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Tisiauta P.S. Case No. 08 of 2021, corresponding to Excise G.R. No. 92 of 2021, registered for the offence under Section 414 of the I.P.C. and Section 30(a)(b)(c) of Bihar Prohibition and Excise Act. 553 liters & 68 ml. of foreign liquor has been recovered from a pick-up van and petitioner is alleged to have fled away from the place of occurrence.
It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of the said vehicle. Name of the petitioner has been surfaced on the disclosure made by apprehended co-accused. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 25.03.2021. Investigation is complete.
Patna High Court CR. MISC. No.39215 of 2021(2) dt.01-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.
Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Addl. Sessions Judge II cum Excise Court, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 08 of 2021, corresponding to Excise G.R. No. 92 of 2021, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers 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.) anay U T