Sikandra Paswan @ Sikindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32623 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sikandra Paswan @ Sikindra Paswan son of Nirsa Paswan resident of Village - Loukaha, P.S. - Gour, District - Routahat (Nepal). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. S.D. Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Kundwachainpur P.S. Case No. 33 of 2016 registered for offences under sections 272, 273 of the Indian Penal Code and Section 47 of the Bihar Excise Act, 1915. As per allegation, from the possession of the petitioner, 10 bottles each of 300 ml. of Nepali wine were recovered.

Learned counsel for the State has pointed out that the petitioner is a citizen of Nepal. The petitioner is in jail custody since 28.4.2016.

Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.32623 of 2016 (2) dt.22-08-2016 let the petitioner, namely, Sikandra Paswan @ Sikindra Paswan, 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 Sub-Divisinal Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Kundwachainpur P.S. Case No. 33 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Rishi/- U T