Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61750 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Dharmendra Paswan son of Sunil Paswan vill - Moti tola ward no 12, ps - Ara nagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Excise (Sadar) P.S. Case No. 163 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. Seeing the police party, the petitioner tried to flee away but they were apprehended. On search, 250 liters of country made liquor was recovered from back seat and dickey of the car.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from his possession. He has also submitted that the petitioner is neither the owner nor the driver of the alleged vehicle. The petitioner is a person of clean antecedent and is under custody since 16.07.2024.

Patna High Court CR. MISC. No.61750 of 2024(2) dt.05-09-2024 2/2

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court-II, Bhojpur at Ara in connection with Excise (Sadar) P.S. Case No. 163 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted. It is hereby made clear that the criminal antecedent of the petitioner must be verified within one month from the date of receipt of this order. (Nawneet Kumar Pandey, J) Nirmal/- U T