Gopal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63983 of 2021 Arising Out of PS. Case No.-116 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== 1.

GOPAL PASWAN S/o Late Brahmdeo Paswan Resident of Nanhaku Tola, P.S.- Mufassil Khagaria, District- Khagaria, Bihar (851204) 2.

Shravan Kumar @ Sravan Kumar S/o Sri Shankar Rajak Resident of Thatha, P.S.- Mansi, District- Khagaria, Bihar (851214) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Ganga Prasad Bimal, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Industrial P.S. Case No. 116 of 2021 registered for the offence under Sections 272, 273, 188 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 725.64 liters of foreign liquor. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.63983 of 2021(2) dt.03-03-2022 2/3 submits that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioners rather the alleged recovery has been made from the Tractor in question and the petitioner No.1 is said to be driver of the said Tractor whereas petitioner No.2 happened to be Khalasi of the vehicle in question. They have no concern with the alleged recovery. The petitioners are rotting in judicial custody since 05.09.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II- cumSpecial Judge (Excise Act) -cum- Special Judge, Vigilance (Trap) Act, Bhagalpur in connection with Industrial P.S. Case No. 116 of 2021 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.63983 of 2021(2) dt.03-03-2022 3/3 Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T