Kampu Paswan @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46759 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Kampu Paswan @ Rahul Kumar S/O Rajendra Paswan R/O VillageUttimpur, Ps. Hulasganj, Dist. Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore (APP-100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 09.06.2023 in connection with Hulasganj P.S. Case No. 33 of 2023, F.I.R. dated 28.02.2023 for the offences punishable under Section 30(a) of Bihar Excise Act.

3. Recovery is of total 33 liters of Mahua wine.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of disclosure made by coaccused namely, Ranjeet Kumar. He further submits that petitioner was not arrested at the spot and it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession or the house of the petitioner rather the recovery has been made from the co-accused persons.

Patna High Court CR. MISC. No.46759 of 2023(2) dt.01-08-2023 2/3 He further submits that petitioner has no concern at all with the alleged recovery of illicit liquor and except the disclosure made by co-accused namely, Ranjeet Kumar, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 09.06.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries two criminal antecedents other than the present one of the similar nature but fairly submits that petitioner is on bail in one case out of two cases as stated in para-3 of the bail petition. Considering the aforesaid facts and circumstances, nothing has been recovered from the conscious possession of the petitioner and name of the petitioner has been transpired on the basis of disclosure made by co-accused namely, Ranjeet Kumar, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-1st, Jehanabad in connection with Hulasganj P.S. Case No. 33 of 2023, subject to the following conditions:-

Patna High Court CR. MISC. No.46759 of 2023(2) dt.01-08-2023 3/3

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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 antecedent, 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) mdrashid/- U T