Gorelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50009 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== GORELAL PASWAN SON OF LATE BHAGWAN PASWAN RESIDENT OF VILLAGE- BARAON, PS- KARAMCHAT, DISTT- KAIMUR AT BHABHUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-08-2023 No one appears on behalf of the petitioner although learned APP for the State is present.

The petitioner is in judicial custody in connection with Karamchat P.S. Case No. 66 of 2022 registered under Sections 30 (a) (d) and 36 of the Bihar Prohibition and Excise Act, 2018 lodged on 17.12.2022 by the informant, Sanjay Kumar Singh.

As per the prosecution story, the police conducted an enquiry and recovered/seized 268 liters of country made 'mahua' liquor, 1988 KG. of rotted Jaggery and Java 'mahua' which was destroyed by the police team.

As per the petition, the police has falsely been implicated as by their own account, there is no evidence of the

Patna High Court CR. MISC. No.50009 of 2023(2) dt.16-08-2023 2/3 said recovery. They claimed to have destroyed the same. He is in custody since 14.05.2023 (as stated in paragraph-9 of the petition.

Considering the aforesaid facts, this Court is inclined to extend him the privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Viith -cum- Spl. Judge Excise -II, Kaimur at Bhabua. in connection with Karamchat P.S. Case No. 66 of 2022, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.50009 of 2023(2) dt.16-08-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T