← Library
Patna High CourtCR. MISC./41666/2024bail granted

Basraj Paswan @ Vaasraj Paswan @ Bansh Raj Paswan v. The State Of Bihar

2024-06-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41666 of 2024 Arising Out of PS. Case No.-488 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Basraj Paswan @ Vaasraj Paswan @ Bansh Raj Paswan Son of Late Palak Paswan R/O VILL. - BALUAHI, WARD NO. 10, NAWADA, P.S. - MOHIUDDIN NAGAR, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Case No. 488 of 2019, registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit country made liquor kept in 15 litres of plastic jerkin was recovered from the house (courtyard) of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was on bail but the bail bond of

Patna High Court CR. MISC. No.41666 of 2024(2) dt.19-06-2024 2/2 petitioner was cancelled on 20.04.2024 for want of Pairvikar. It is further submitted that the petitioner's pairvikar did not inform the petitioner regarding the cancellation of his bail bond, therefore, the petitioner could not attend the court on the fixed date. This is first misuse of bail by the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2024.

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

6. 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 Excise Case No. 488 of 2019.

7. The application stands allowed.

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