Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65420 of 2021 Arising Out of PS. Case No.-164 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Pramod Paswan, S/o Shyam Bihari Paswan, R/o Village- Ram Gulam Bigha, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with G.R. No.1393 of 2021 arising out of Amba P.S. Case No.164 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

There is alleged recovery of 297 litres country made liquor from a pick-up van driven by the petitioner, leading to his implication in this case.

Counsel for the petitioner submits that the petitioner was a professional Driver and has no concern with the ownership of the vehicle or the recovered illicit liquor. If at all, responsibility lies with one Santosh Paswan upon whose instruction he was driving the vehicle in question. Having no

Patna High Court CR. MISC. No.65420 of 2021(2) dt.31-05-2022 2/3 antecedents, he is stated to be in custody since 08.10.2021. Charge-sheet has been submitted.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, fair antecedents, period of custody and the defence raised by the petitioner, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II-cum-Special Judge, (Excise), Aurangabad, in connection with G.R. No.1393 of 2021 arising out of Amba P.S. Case No.164 of 2021, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well

Patna High Court CR. MISC. No.65420 of 2021(2) dt.31-05-2022 3/3 represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T