Rahul Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59438 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- DEODHA District- Madhubani ====================================================== RAHUL KUMAR PASWAN Son of Govind Paswan Resident of Village - Betaunha, P.S.- Jaynagar, Distt.- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2022 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 through video conferencing. The petitioner seeks bail in connection with Deodha P.S. Case No. 18 of 2021 corresponding to G.R. No. 321 of 2021 registered for the offence under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Recovery is of 227 liters of Nepali Wine.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is
Patna High Court CR. MISC. No.59438 of 2021(2) dt.09-02-2022 2/3 innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the motorcycle near the Railway Gumti. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the alleged motorcycle. Moreover, the coaccused, namely, Ram Kumar Mahto has already been granted bail by a co-ordinate Bench of this Court vide order dated 01.12.2021 passed in Cr. Misc. No. 34135 of 2021. The petitioner is rotting in judicial custody since 24.02.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the, above named, petitioner 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 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Madhubani in connection with Deodha P.S. Case No. 18 of 2021 corresponding to G.R. No. 321 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
Patna High Court CR. MISC. No.59438 of 2021(2) dt.09-02-2022 3/3 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.
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) brajesh/- U T