Ram Injor Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8122 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- MEHANDIA District- Jehanabad ====================================================== RAM INJOR PASWAN S/O SEHAL PASWAN R/O VILLAGE-SOHASA, P.S-MEHANDIA, DISTRICT-ARWAL.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Sinha For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-05-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Mehandia P.S. Case No. 137 of 2020 (Excise Case No. 872 of 2020), registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
On secret information that this petitioner and other accused persons were hiding liquor in Diyara area, raid was conducted. After seeing the police party, accused persons fled always and 500 litres of Mahua liquor has been recovered. It is submitted that nothing has been recovered from conscious possession of this petitioner. Recovery of Mahua
Patna High Court CR. MISC. No.8122 of 2021(2) dt.21-05-2021 2/2 liquour has been made from Diyara area which is a public place. Petitioner is in custody since 30.11.2020 having clean antecedent.
Considering the period of custody and the fact that petitioner bears clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad in connection with Mehandia P.S. Case No. 137 of 2020 (Excise Case No. 872 of 2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T