Parashuram Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56109 of 2022 Arising Out of PS. Case No.-582 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Parashuram Bind S/O Late Kunjan Bind, R/V- Rangpur P.S.- Sasaram (T) Darigaon, Distt- Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Sasaram (T) Darigaon P.S. Case No. 582 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, total recovery of 60 liter desi mahua wine has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. From the seizure list, it transpires that petitioner was found in possession

Patna High Court CR. MISC. No.56109 of 2022(2) dt.02-12-2022 2/3 of 25 liter of Mahua wine only. He further submits that antecedent of the petitioner is clean, he is in custody since 13.07.2022 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2cum- Addl. District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (T) Darigaon P.S. Case No. 582 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.56109 of 2022(2) dt.02-12-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T