Uma Shankar Paswan @ Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35620 of 2020 Arising Out of PS. Case No.-426 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== UMA SHANKAR PASWAN @ SHANKAR PASWAN S/o Banwari Paswn Resident of Village-Kulhariya, Police Station-Koilwer, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Ajay Kumar -2 A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 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 30a of the Bihar Prohibition and Excise Act.

70 liters of Mahua liquor is alleged to have been recovered from the house of the petitioner.

Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he has nothing to do with the alleged recovery. Petitioner has got no criminal antecedent. Charge sheet has also been filed in the case. Petitioner is in custody since 8.7.2020.

Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.35620 of 2020(2) dt.23-12-2020 2/2 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 IV cum Special Judge, Bhojpur at Ara in Koilwar Police Station Case No. 426/2020/Excise case no. 2589/2019, 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