Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41320 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- ARER District- Madhubani ====================================================== SUNIL PASWAN S/O GANESHI PASWAN Resident of Village- Ijara, P.S.- Rahika, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s) if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R. No. 718/2022, arising out of Arer P.S. Case No. 58/2022, lodged under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018.

As per prosecution case, total recovery of 258 litres of Nepali wine has been recovered.

Learned counsel for the petitioner submits that the petitioner was neither arrested nor named in the F.I.R. He further submits that his name has been figured in the case by the

Patna High Court CR. MISC. No.41320 of 2022(2) dt.27-08-2022 2/3 confessional statement of the apprehended accused persons. He submits that petitioner is in custody since 24.05.2022 having three criminal antecedents. On the point of criminal antecedents he submits that he is ready to fulfill all the conditions whatsoever imposed by the Court.

Learned APP for the State opposes the prayer for bail. In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (rupees thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani, in connection with G.R. No. 718/2022, arising out of Arer P.S. Case No. 58/2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(A.) The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

(B.) One of the bailor shall be close relative who shall file affidavit before the Court about his relation with the

Patna High Court CR. MISC. No.41320 of 2022(2) dt.27-08-2022 3/3 petitioner.

(C.) The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Ranjeet/- U T