Nago Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5550 of 2021 Arising Out of PS. Case No.-45 Year-2018 Thana- MANSI District- Khagaria ====================================================== NAGO PASWAN Son of Late Rameshwar Paswan Resident of Village - North Hajipur, P.S.- Chitragupta Nagar, District - Khagaria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Ms. Anita Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-04-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Mansi P.S. Case No. 45 of 2018 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
As per the prosecution story, while the informant was in the evening patrolling, intercepted one E-Rickshaw on secret information and seized country made illicit liquor and arrested one person. It is alleged that the driver of the vehicle managed to escape.
Patna High Court CR. MISC. No.5550 of 2021(2) dt.15-04-2021 2/3 Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case on mere suspicion and he is in jail in connection with the present case since 07.10.2020.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein this petitioner has remained in jail in connection with the present case since 07.10.2020, he is said to be the owner of the E-Rickshaw and prior to the present case he had no criminal antecedent, investigation against him is complete and there being no statement on behalf of the State that release of the petitioner is likely to result in tampering with the evidence or interfering with the course of trial, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum - Special Judge, Excise, Khagaria, in connection with Mansi P.S. Case No. 45 of 2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
Patna High Court CR. MISC. No.5550 of 2021(2) dt.15-04-2021 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.