Patna High CourtCR. MISC./61755/2023bail granted

Rajiv Paswan v. The State Of Bihar

2023-09-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61755 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- Excise P.S. District- Nalanda ====================================================== RAJIV PASWAN S/O LATE NARESH PASWAN R/O VILLAGEBASANPUR, P.S- RAHUI, DISTT.- NALANDA AT BIHARSHARIF. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.01.2023 in connection with Excise P.S. Case No. 53 of 2023 , F.I.R. dated 16.01.2023 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case relates to recovery is of 9 liters of Chulai liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Further submits that from perusal of the FIR, it appears that 9 liters of Chulai liquor has been recovered from the conscious possession of the petitioner and there is non compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation submitted the charge sheet against

Patna High Court CR. MISC. No.61755 of 2023(2) dt.25-09-2023 2/3 the petitioner and the petitioner is in custody since 17.01.2023.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedent other than the present one, but fairly submits that in all the seven cases petitioner is on bail, as evident from paragraph-3 of the bail petition.

6. 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, IVth -cum- Exclusive Special Court (Excise) No.2, Nalanda, Biharsharif in connection with Excise P.S. Case No. 53 of 2023 , subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.61755 of 2023(2) dt.25-09-2023 3/3 iii. 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) Prakash Narayan U T