Hajari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62092 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== HAJARI PASWAN, aged about 27 yrs. Male, Son of Late Kisan Paswan Resident of Village - Pachwari Tol, P.S.- Pandaul, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Pandaul P. S. Case No. 78 of 2022, corresponding to GR No. 609 of 2022, registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code ( for brevity IPC ) and Section 30(a) of the Bihar Prohibition and Excise Act.

There is alleged recovery of 15 litres country made liquor from behind the petitioner's house Learned counsel for the petitioner submits that recovery is from behind his house for which the petitioner cannot be held responsible. He is in custody since 23/07/2022. His implication is based on his antecedents.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this

Patna High Court CR. MISC. No.62092 of 2022(2) dt.13-01-2023 2/2 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 Sessions Judge-II-cum Special Judge, Excise Act, Madubani, in connection with Pandaul P. S. Case No. 78 of 2022, corresponding to GR No. 609 of 2022, 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 represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T