Panchu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63575 of 2021 Arising Out of PS. Case No.-409 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Panchu Paswan, Son of Late Bishwanath Paswan, Resident of Village - Madhopur, Ward No.- 5, P.S.- Mejorganj, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with C-2 Case No. 409 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, 180 liters of Nepali Saufi Wine was recovered from the possession of the petitioner, however, learned counsel for the petitioner has submitted that he has been falsely implicated in the case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 27.08.2021 and is having clean antecedent.

Patna High Court CR. MISC. No.63575 of 2021(4) dt.24-06-2022 2/2 Learned APP has opposed the prayer for bail, submitting that the huge quantity of liquor has been recovered from the possession of the petitioner and he has been arrested from the spot.

Having regard to the submissions made hereinabove and considering the period of custody, 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 A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with C-2 Case No.409 of 2021, subject to the following conditions :

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

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence for 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) V.K.Pandey/- U T