Baidhnath Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 59703 of 2018 Arising out of P.S. Case No.-190 Year-2018 Thana- BAGHA District- West Champaran =============================================== Baidhnath Jaiswal S/o Late Bishwanath Jaiswal @ Late Vishwanath Yaiswal, R/o Vill.- Kailashnagar, Ward No. 7, P.S.- Bagaha (Patkhauli), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s: Smt. Asha Devi, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences under Sections 30 (A) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 25.20 litres of country-made liquor was recovered from the kitchen and "Bathan" of the petitioner. It is contended that no incriminating article has been recovered from the possession of the petitioner. It is contended that the petitioner has been made accused in another case, i.e., Bagaha (Patkhauli) P.S. Case No. 335 of 2017 registered for the offences under Section 37 (b) of the Bihar

Patna High Court Cr.Misc. No.59703 of 2018(2) dt.06-10-2018 2/3 Prohibition and Excise Act. It is urged that the petitioner is in custody since 14.05.2018.

Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, West Champaran at Bettiah in connection with Bagaha (Patkhauli) P.S. Case No. 190 of 2018 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, West Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months.

The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail.

Patna High Court Cr.Misc. No.59703 of 2018(2) dt.06-10-2018 3/3 petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Vikash/- U T