Raghuvir Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.18885 of 2015 (2) dt.18-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18885 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ====================================================== Raghuvir Paswan son of Shri Shivnath Paswan, Resident of villageDhobwal Bazar, P.S.- Baniyapur, District- Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mrs. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 18-06-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner faces prosecution for offence under section 47(a)(f) of the Bihar Excise Act and claims to have no criminal antecedent, this Court would be inclined to grant privilege of anticipatory bail. That being so, if the petitioner, Raghuvir Paswan, surrenders before the court below within a period of four weeks from today, he shall 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 Chief Judicial Magistrate, Saran at Chapra in Excise Case No. 75/2014 P.S. Baniyapur, District Saran corresponding to T.R.No. 5056/2014, subject to the following conditions:

(i) That the court below shall make verification of

Patna High Court Cr.Misc. No.18885 of 2015 (2) dt.18-06-2015 criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U