Ratnesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37806 of 2023 Arising Out of PS. Case No.-317 Year-2023 Thana- ARARIA District- Araria ====================================================== RATNESH PASWAN SON OF SHAMBHU NATH RAM KAMAN CHHAPRA, VAISHALI WARD NO. 15, PS- VAISHALI, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Araria (Bairgachhi) P.S.Case No.317 of 2023. The learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner. His name has figured in the confessional statement of two arrested accused persons. Co-accused person, who was arrested and from whose possession 102.75 litres of liquor was recovered has been granted bail by a coordinate Bench of this Court in Cr.Misc.No.31206 of 2023.

Patna High Court CR. MISC. No.37806 of 2023(2) dt.03-07-2023 2/3 Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1, Araria in connection with Araria (Bairgachhi) P.S.Case No. 317 of 2023, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial till framing of charge, and if he fails to appear on two consecutive dates without any reason or unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

2. If the petitioner is found involved in future in the similar type of offence, his bail bond shall be liable to be cancelled.

3. The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

4. In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, the learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

Patna High Court CR. MISC. No.37806 of 2023(2) dt.03-07-2023 3/3

5. In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) HR/- U T