Upendra Paswan @ Bhulla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53288 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Upendra Paswan @ Bhulla Son Of Sonelal Paswan Resident Of VillagePrathmik Vidhayalay, Pidhauli, P.S.- Teghra, Distt.- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-04-2022 The applicant is accused in Crime No. 198 of 2020 registered with Teghra Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.
Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.
According to the prosecution case, police received secret information that Rohit Kumar, Fittu Kumar and Mangal Kumar are doing the business of illicit liquor and they have kept that liquor concealed at the house of applicant Upendra Paswan. That is how the house of the applicant was raided and 110.125 liters of Indian made foreign liquor was found to be
Patna High Court CR. MISC. No.53288 of 2021(2) dt.22-04-2022 2/3 stored in the hut of the applicant. The applicant is not having any criminal antecedent. Co-accused Fittu Kumar against whom serious allegations are leveled in the FIR have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 27.05.2021.
Investigation of the subject crime is over and the applicant is behind bar from 11.07.2021. Therefore, his further pretrial detention is not warranted and as such, the order :- i. The application is allowed.
ii. The applicant/accused in Crime No. 198 of 2020 registered with Teghra Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this
Patna High Court CR. MISC. No.53288 of 2021(2) dt.22-04-2022 3/3 case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.
(A. M. Badar, J) Mkr./- U T