Ramesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46977 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- PARIHAR District- Sitamarhi ====================================================== RAMESH PASWAN Son of Ram Ekbal Paswan Resident of Village- Barahi, P.S.- Parihar, District- Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 14.06.2021, seeks regular bail in connection with Parihar P.S. Case No. 166 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that altogether 99.900 litres of Nepali Saufi wine was recovered, which was intercepted in the night of 20.10.2020 and on information given by Chowkidar, they were identified as Ramesh Paswan (Petitioner) and Santosh Mukhiya, has has managed to flee away after leaving the bags containing liquor on the cycle.

Patna High Court CR. MISC. No.46977 of 2021(2) dt.13-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is inimical terms with the Chowkidar due to that reason, he has been roped in the present case. He further submits that petitioner has no concerned with the seized articles. He further submits that petitioner has falsely been implicated in this case as he is resident of the border area in the district of Sitamarhi. The petitioner has no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. One Lakh with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Parihar P.S. Case No. 166 of 2020, 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 be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.46977 of 2021(2) dt.13-01-2022 3/3 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 is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T