Parma Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45391 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Parma Paswan S/O Chokat Paswan R/O Village- Pakuhawau, Ps. Mainatand, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 01.03.2023, in connection with Mainatand P.S. Case No. 31 of 2023, F.I.R. dated 28.02.2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 144 litres of Nepali liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 144 litres of Nepali liquor was recovered from the possession of the petitioner and other co-accused persons. He further submits that

Patna High Court CR. MISC. No.45391 of 2023(2) dt.31-07-2023 2/3 total 27 litres of Nepali liquor was recovered from the possession of the petitioner and there is non compliance of Section 100 of the Cr. P.C. The petitioner is in custody since 01.03.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Act, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 31 of 2023, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.45391 of 2023(2) dt.31-07-2023 3/3

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T