Devendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22981 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Devendra Paswan Son of Naga Paswan Resident of Village- Itwa, Police Station- Pakri Dayal, District- East Champaran,. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : . Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pakri Dayal P.S.Case No.155 of 2016, registered for offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 47 and 49 of the Bihar Excise Act. Allegation against the petitioner and other accused persons is that they were manufacturing liquor in an orchard and there is also recovery of 20 ltrs. of country-made liquor. Submission of the learned counsel for the petitioner is that there is nothing available on the record to show that the said orchard belongs to the petitioner and further the co-accused, having similar allegation has already been granted bail by this Court, vide order dated 18.3.2017 passed in Cr. Misc. No.10318 of

Patna High Court Cr.Misc. No.22981 of 2017 (3) dt.24-07-2017 2/2 2017. The petitioner is in custody for about four months and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 5th, East Champaran at Motihari in connection with Pakri Dayal P.S.Case No.155 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U