Khakhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9837 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Khakhan Paswan Son Of Late Balo Paswan Village- Kastoli, Ward No. 5, P.S. Mansoorchak, District- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of Excise Act.

Recovery of liquor is alleged from behind the house of the petitioner. Petitioner was not there at the time of recovery. Submission is that petitioner has got no criminal antecedent and place of recovery is accessible by anyone. Considering the substance in the submission aforesaid, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.9837 of 2021(2) dt.16-11-2021 2/2 arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 court below where the case is pending in connection with Excise Case No.203C2/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T