Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6467 of 2021 Arising Out of PS. Case No.-411 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Chandan Paswan Son of Nagina Paswan Ro Vill Patahi Roop P.S. Sadar Distt Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 341, 323, 332, 353 and other allied sections of the Indian Penal Code and sections 30(a)/45 of the Bihar Prohibition & Excise Act, 2016. As per prosecution case, Raja Kumar and Suraj Kumar were arrested by the police. In the meantime, FIR named accused including the petitioners attacked the police party and got released accused persons from the custody of police. 34.560 liter of foreign liquor was recovered from the car of accused persons.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6467 of 2021(2) dt.15-04-2021 2/2 petitioner is innocent and seized liquor does not belong to the petitioner. There is general and omnibus allegation of assault. Petitioner has got clean antecedent and is in jail custody since 01.10.2020.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in Sadar P.S. Case no. 411/2020 on 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

(Prabhat Kumar Singh, J) s.hassan/- U T