Ram Kumar Paswan @ Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56885 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Ram Kumar Paswan @ Ram Kumar S/o Jagdish Paswan Resident of VillageAsgaon, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Bahadurpur P.S. Case No. 181 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, recovery of 6 litres of country made liquor was made from the field of the petitioner in which lentil crop was sown. The petitioner fled away from the spot on seeing the police party.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case as he was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession.

Patna High Court CR. MISC. No.56885 of 2022(2) dt.24-11-2022 2/3 The recovery has been made from a Moong field which is in an open area accessible to all. The petitioner is in custody since 07.06.2022 and charge-sheet has been submitted. Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent of similar nature.

Having regard to the submissions made hereinabove and considering the quantity of liquor recovered and further considering the period of custody of the petitioner along with the submission of charge-sheet against him, 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-I (Excise Act), Darbhanga in connection with Bahadurpur P.S. Case No. 181 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 on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or

Patna High Court CR. MISC. No.56885 of 2022(2) dt.24-11-2022 3/3 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) himanshu/- U T