Patna High CourtCR. MISC./41342/2021bail granted

Deepak Paswan v. The State Of Bihar

2022-01-20Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41342 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== DEEPAK PASWAN Son of Sheo Mangal Paswan Resident of Village- Trith Kaul, P.S.- Sandesh, District- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Singh, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 The matter has been listed today for consideration through virtual mode.

Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 18.02.2021 seeks regular bail in connection with Sandesh P.S. Case No.12 of 2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case in brief, is that altogether 100 liters of country made liquor was recovered from the possession of the possession of the named accused in the FIR. The petitioner managed to flee away from the place of alleged

Patna High Court CR. MISC. No.41342 of 2021(2) dt.20-01-2022 2/3 seizure.

Learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 18.02.2021 and his name has surfaced on the confessional statement made by co-accused Karan Paswan. Nothing has been recovered from the possession of the petitioner.

Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner.

Considering the above-mentioned facts and circumstances of the case, it is directed that the court below after verifying the criminal antecedent of the petitioner and if no other criminal case is pending against the petitioner as what has been stated in paragraph no.3 of the bail petition, the petitioner above named, be released on bail on furnishing bail bond of Rs.1,00,000/- (Rupees One Lac Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-cumSpecial Judge, Excise, Bhojpur, Ara in connection with Sandesh P.S. Case No.12 of 2021, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.41342 of 2021(2) dt.20-01-2022 3/3 be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner are found involved in similar nature of offence, after release on bail, the trial court shall take steps to control his bail bonds.

(Purnendu Singh, J) Prakash Narayan /- U T