Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40793 of 2020 Arising Out of PS. Case No.-632 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PRAMOD PASWAN SON OF DUKHA PASWAN RESIDENT OF VILLAGE- MADHOPUR, P.S.- MANIYARI, DISTRICT- MUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 01.08.2020 in connection with Ahiypur P.S. Case No. 632/2020 registered for the offences punishable under Sections 30(a)/36 of the Bihar Prohibition and Excise Act and Section 272/273 of the Indian Penal Code.

As per the prosecution case, 32.760 litres of foreign liquor has been recovered from one Indigo Car and this petitioner was arrested along with other co-accused from the said vehicle.

It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has got no concern with the said vehicle or the alleged recovery. It is further submitted that co-accused Tinku Kumar has already been granted bail by this Hon'ble Court vide

Patna High Court CR. MISC. No.40793 of 2020(2) dt.26-02-2021 2/2 order dated 15.12.2020 passed in Cr. Misc. No. 33377/2020. Chargesheet has already been submitted in this case. Petitioner is in custody since 01.08.2020.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Ahiypur P.S. Case No. 632/2020, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Saif/- U T