Dhukha Paswan @ Dukha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35356 of 2017 Arising Out of PS.Case No. -395 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Dhukha Paswan @ Dukha Paswan, son of Late Masuri Paswan, resident of Village & P.S.- Bairgania, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Case No. C2/395 of 2017/608 of 2017 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 54 litres of Nepali wine.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case as nothing has been recovered from his possession and he is in custody for more than one month having no criminal antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.35356 of 2017 (2) dt.07-08-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of I/c A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Case No. C2/395 of 2017/608 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U