Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51996 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- DEO District- Aurangabad ====================================================== Pramod Paswan, S/O Late Basant Paswan, Resident of village- Chandpur, P.S.- Deo, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with G.R. No. 627 of 2022 arising out of Deo P.S. Case No. 155 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition of Excise Act, 2018. As per prosecution case, 40 liters of country made mahua liquor was recovered from a ditch near the bank of a river, when a raid was conducted on a tip off by the police that the petitioner and other co-accused persons have concealed the illicit liquor at the identified place.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.51996 of 2022(2) dt.22-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 14.07.2022 Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and also considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Aurangabad in connection with G.R. No. 627 of 2022 arising out of Deo P.S. Case No. 155 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present

Patna High Court CR. MISC. No.51996 of 2022(2) dt.22-11-2022 3/3 on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T