Shravan Kumar Paswan @ Shravan Kumar @ Shrawan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40576 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Shravan Kumar Paswan @ Shravan Kumar @ Shrawan Kumar Paswan S/O Ram Prasad R/O Village-Dullahpur, Balihar, P.S-Simari, District-Buxar. 2.
Prakash Kumar @ Prakash Paswan S/O Mohan Prakash Paswan R/O Village-Dullahpur, Balihar, P.S-Simari, District-Buxar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioners seek bail in connection with Buxar (M) 150/2021 registered for the offences punishable under Section 30(a) of Bihar Excise (Amendment) Act, 2018.
Learned counsel for the petitioners submits that petitioners have clean antecedent and have committed no offence and they have falsely been implicated in the present case. He further submits that as per F.I.R. it appears that no
Patna High Court CR. MISC. No.40576 of 2021(2) dt.14-12-2021 2/3 incriminating article has been recovered from conscious possession of the petitioners. The alleged recovery have made from one tractor and the petitioners have no concern with the said tractor in question. Petitioners no.1 and 2 are in custody since 15.04.2021 and 16.04.2021 respectively. The learned Additional Public Prosecutor opposed the prayer of bail.
Considering the aforesaid facts and circumstances as well as period of custody, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Buxar in connection with Buxar (M) 150/2021, subject to 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. If the petitioners tamper with the evidence or the witnesses, in that case, the
Patna High Court CR. MISC. No.40576 of 2021(2) dt.14-12-2021 3/3 prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T