Gurudeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38040 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== GURUDEO PASWAN Son of Chandradev Paswan Resident of village - Barahgama, P.s. - Khanpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Waris Nagar P.S. Case No. 39 of 2023 dated 03.02.2023 registered for the offences punishable under Sections 419, 420, 467 and 468 read with 34 of the IPC and Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 1811 empty bottle of liquor kept in 21 plastic sack and two mobile phones were recovered from the vehicle.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.38040 of 2023(2) dt.28-06-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in five other criminal cases out of which three cases were lodged in the same day as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Waris Nagar P.S. Case No. 39 of 2023, with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T