Ramesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55665 of 2021 Arising Out of PS. Case No.-261 Year-2015 Thana- DARIYAPUR District- Saran ====================================================== Ramesh Paswan, S/o Late Nokha Paswan @ Nokha Lal Paswan, R/o VillageSona Gopalpur, P.S.- Gopalpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nageshwar Singh, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Dariyapur P.S. Case No. 261 of 2015 registered for the alleged offences under Sections 47 (a) of the Excise Act As per allegation, about 5000 liters of illicit liquor/spirit was recovered from the truck of the petitioner, however, learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said truck. The petitioner is in custody since 10.07.2021

Patna High Court CR. MISC. No.55665 of 2021(5) dt.24-06-2022 2/2 and is having no criminal antecedent.

Learned APP has opposed the prayer for bail, submitting that a huge quantity of illicit liquor/ spirit has been recovered from the truck of the petitioner.

Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Saran in connection with Dariyapur P.S. Case No.261 of 2015, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T