Tuntun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35990 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== TUNTUN PASWAN SON OF LATE JUGUL PASWAN RESIDENT OF VILLAGE- BHARPURA MIRZAPUR, P.S.- SONEPUR, DISTRICTSARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise P.S. Saran Case No. 161 of 2022 registered for the offences punishable under Sections 30(a), 32(2) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 150 litres of illicit liquor from the motorcycle in question. The petitioner alongwith others apprehended on spot. Learned counsel for the petitioner submits that petitioner is in custody since 12.04.2022. Petitioner bears no

Patna High Court CR. MISC. No.35990 of 2022(2) dt.12-08-2022 2/3 criminal antecedent. Prosecution report has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. There is no eye witness against the petitioner. The motorcycle from which liquor has been recovered does not belong to the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, prosecution report has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Saran in connection with Excise Saran Case No. 161 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.35990 of 2022(2) dt.12-08-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T