Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6163 of 2019 Arising Out of PS. Case No.-374 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== Manoj Paswan, Son of Upendra Paswan, Resident of Village- Mangrauni, P.S. Raj Nagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Raj Nagar P.S. Case No. 374 of 2018 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

Informant who is a police officer has alleged that he received an information that petitioner has brought a big consignment kept in a under construction building of his uncle Nagendra Paswan, from where the illicit liquor has been seized. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from

Patna High Court Cr.Misc. No.6163 of 2019(2) dt.05-02-2019 2/2 his possession. Petitioner was not apprehended from the place of occurrence but his name has transpired on the basis of statement made by the villagers.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Madhubani, in connection with Raj Nagar P.S. Case No. 374 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T