Chandrika Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42396 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Chandrika Paswan, S/O Late Hari Paswan, R/O Village- Rasanpur, P.S.- Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 02-12-2021 This case is taken up out of turn for hearing because of schedule marriage of the daughter of the applicant on 06.12.2021.

The applicant/accused in Crime No. 74 of 2021 registered with Police Station- Warisaliganj for the offences punishable under Section 30(a)/30(d)/41 of the Bihar Prohibition and Excise Act, 2016 by this application is seeking his release on bail during the pendency of the trial. The applicant is behind the bars, as stated by the learned counsel appearing for the applicant, from 13.04.2021. The trial is pending after filing of the charge-sheet. Heard both sides.

The applicant came to be arrested on the basis of information collected from the villagers. Similarly other co-

Patna High Court CR. MISC. No.42396 of 2021(2) dt.02-12-2021 2/3 accused are also arrested on the basis of such information. According to the prosecution case, in the raid conducted at several fields in village Rasanpur, from seven different places, illicit country made Mahua liquor, half fermented came to be seized. Co-accused with similar roles, namely, Bahadur Saw and Vinay Saw, are already directed to be released by different Coordinate Benches of this Court vide order dated 21.09.2021 and 27.08.2021 in Cr. Misc. No. 45989 of 2021 and 37584 of 2021 respectively. Hence on the principle of parity, the following orders:- (i). The application is allowed.

(ii). The applicant/accused in Crime No. 74 of 2021 registered with Police Station- Warisaliganj for the offences punishable under Section 30(a)/30(d)/41 of the Bihar Prohibition and Excise Act, 2016, be released on bail on executing P.R. bond of Rs.20,000/- (Rupees Twenty Thousand) and on furnishing one surety or two sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I). The applicant should attend the concerned trial court on each and every date of hearing. Two consecutive absence without sufficient cause of the

Patna High Court CR. MISC. No.42396 of 2021(2) dt.02-12-2021 3/3 applicant shall entail the trial court to forfeit the bail bonds of the applicant for taking him into custody.

(II). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(III). The applicant should cooperate the trial in expeditious disposal of the trial against him. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be doing so, the State is free to approach this Court for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) uday/- U T