Jaykant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43114 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== JAYKANT PASWAN SON OF RAJENDRA PASWAN R/O VILLAGEMOHANPUR, P.S. - BABUBARHI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard Mr. Soban Asghar, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No.78/2020 arising out of Pandaul P.S. Case No. 131/2021 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code 1860, Sections 30(a), 36, 38 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The Police recovered 477 litres of illicit liquor from the pickup van and arrested the petitioner and two other persons sitting in the pick up van succeeded in fleeing

Patna High Court CR. MISC. No.43114 of 2021(2) dt.03-02-2022 2/3 away. The petitioner disclosed himself as a driver of the said pick up van and the persons who fled away is the owner of the pick up van whereas another person was owner of the illicit liquor.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he was driver of the pick up van in question and was not aware about the illicit liquor being kept inside the pick-up van by its owner and others. He further submits that the petitioner is in custody since 30.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 30.6.2021 having no criminal antecedent, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the

Patna High Court CR. MISC. No.43114 of 2021(2) dt.03-02-2022 3/3 like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Madhubani - cum Special Judge, Excise Act, Madhubani, in connection with Sessions Trial No. 78/2020 arising out of Pandaul P.S. Case No. 131/2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T