Narayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57872 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- AMBA District- Aurangabad ====================================================== NARAYAN PASWAN S/o- Shivnandan Paswan R/o Village- Saya Sinduriya, P.S.- Mali, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari,Adv For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Amba P.S.Case No.126 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The prosecution case, in short, is that 64.08 liters of country made liquor was recovered from the motorcycle as well as seized the motorcycle.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that no

Patna High Court CR. MISC. No.57872 of 2021(2) dt.01-02-2022 2/3 incriminating article nor any alleged liquor has been recovered from possession of the petitioner rather the recovery has been made from the motorcycle in question. He further submits that the petitioner is not the owner of the vehicle in question. He further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 30.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and period of custody, 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise, Aurangabad in connection with Amba P.S.Case No.126 of 2021 with 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 cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.57872 of 2021(2) dt.01-02-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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) Nitesh/- U T