Patna High CourtCR. MISC./29951/2020bail granted

Arun Paswan @ Bineshwar Paswan v. The State Of Bihar

2020-11-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29951 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- TELHARA District- Nalanda ====================================================== Arun Paswan @ Bineshwar Paswan Son Of Lakhan Paswan Resident Of Village- Sadikpur, P.S.- Telhara, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Babita Kumari, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a)(d) of the Bihar Prohibition and Excise Act.

About 234 liters of country made liquor has been recovered from the house of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the petitioner and he has nothing to do with the alleged recovery. He is in custody since 19.6.2020 though Similarly situated co-accused Rajendra Paswan @ Darshan Paswan has already been allowed bail by a bench of this Court

Patna High Court CR. MISC. No. 29951 of 2020(2) dt.23-11-2020 2/2 vide order dated 1.10.2019, passed in Cr.Mis.No. 60297/2019. Considering the facts of the case, let the petitioner, 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 the Additional Sessions Judge III, Excise Act, Nalanda (Biharshrif) in Telhara Police Station Case No. 77 of 2019 on the following conditions:-

(1) 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 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 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) Shashi U T