Vishwanath Paswan @ Biswanath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30176 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Vishwanath Paswan @ Biswanath Paswan, aged about 50 years, Male, S/o Late Ramdev Paswan, R/o Village- Dabariya, P.S.- Nautan, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the State :

Mr.Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2020 Heard the parties through the virtual court proceeding. Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioner undertakes to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

The petitioner seeks bail in connection with Nautan P.S. Case No.45 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 30 and 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Learned counsel for the petitioner submits that there is no recovery from the house and from his possession rather 400

Patna High Court CR. MISC. No.30176 of 2020(2) dt.23-11-2020 2/2 liters of Spirit has been recovered from behind the house of the petitioner. He further submits that the petitioner is in jail custody since 14.02.2020 and the petitioner has got no criminal antecedent mentioned in paragraph-3 o the bail petition. Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand) in the CM Relief Fund, bearing Account No.2065104000002257, IFSC Code: IBKL0002065, Bank - IDBI, Branch - Kidwaipuri, Patna.

In the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Bettiah, West Champaran in connection with Nautan P.S. Case No.45 of 2020. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000/- (Rupees Fifteen Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T