Suraj Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.6391 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6391 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -MALSALAMI District- PATNA ====================================================== Suraj Paswan, son of Gauri Paswan, resident of Mathni Tal, P.S. Malsalami, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Adv For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.10.2017 in connection with Special Case No. 7074/2017 arising out of Malsalami P.S. Case No. 283 of 2017 for the alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 37(c), 38 and 41 of Bihar Excise and Prohibition Act

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 80 litres of country made liquor from the house of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J. IV-cum- Special Judge, Excise Act, Patna, in connection with Special Case No. 7074/2017 arising out of Malsalami P.S. Case No. 283 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.6391 of 2018 (2) dt.01-02-2018 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T