Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16430 of 2017 Arising Out of PS.Case No. -561 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Sonu Paswan, son of Late Sanjay Paswan, resident of village Sakhara, P.S. Dehri (Town), District Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.01.2017 in connection with Dehri (Town) P.S. Case No. 561 of 2016 for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 30(A), 38(1), 41(1) of the Excise Amendment Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 150 pouches each containing 200 ml. of country made liquor. Recovery of the offending goods from the possession of the petitioner is denied. The petitioner claims clean antecedents.

4. The petitioner is on bail in respect of two earlier cases in which he is accused, both of the cases being of different nature of offences.

5. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.16430 of 2017 (2) dt.04-04-2017 circumstances of the case as well as the period of custody since 25.01.2017, already suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M.., Dehri, Rohtas in connection with Dehri (Town) P.S. Case No. 561 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T