Saurav Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65398 of 2021 Arising Out of PS. Case No.-468 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== SAURAV PASWAN Son of Umesh Paswan Resident of Village - Kewal, Police Station - Sirdala, District - Nawada (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Rajauli P.S. Case No. 468 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. There is recovery of 90 litres of illicit country made Mahua liquor from the Car.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that altogether 90 litres of country made Mahua liquor was recovered from the

Patna High Court CR. MISC. No.65398 of 2021(2) dt.07-03-2022 2/3 car in question. He further submits that neither the petitioner is driver nor the owner of the car in question. He further submits that nothing has been recovered from conscious possession of the petitioner and the petitioner is in custody since 15.09.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances, 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 Sessions Judge-2 cum Special Judge, Excise Court, Nawada in connection with Rajouli P.S. Case No. 468 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation

Patna High Court CR. MISC. No.65398 of 2021(2) dt.07-03-2022 3/3 of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) shahzad/- U T