Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48255 of 2022 Arising Out of PS. Case No.-147 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Manoj Paswan Son of Kewal Paswan, Lakhan Paswan Resident of village - Koriyama, P.S.- Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Sakra P.S. Case No. 147 of 2021 lodged under Section 414 of I.P.C. and Sections 30(a)/34/33/35/36 of the Bihar Prohbition and Excise Act.

As per the prosecution case, total recovery of 120 liter spirit and 57 pouch of desi wine are subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 14.06.2022 having 3

Patna High Court CR. MISC. No. 48255 of 2022(2) dt.18-11-2022 2/3 criminal cases pending against him, in which he is on bail in all the cases. He submits that other co-accused have been granted bail by the Co-ordinate Bench of this Court which is annexed in annexure-2 (page-19).

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-1, Muzaffarpur in connection with Sakra P.S. Case No. 147 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No. 48255 of 2022(2) dt.18-11-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T