Sahdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.783 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== SAHDEO PASWAN Son of Parmeshwar Paswan, Resident of Village - Kharauhua Paswan Tola, P.S.- Rahika, Distt.- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Adv.

For the Opposite Party/s :

Mr.Koushal Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Rahika P.S. Case No. 115 of 2021 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, 3335.820 litres of foreign liquor was recovered from the joint house of Deepak Paswan, Nathuni Paswan, Sahdeo Paswan (petitioner) and Chhattu Paswan. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.783 of 2022(2) dt.31-05-2022 2/3 that the petitioner is a person of clean antecedent. Earlier his family was joint. Thereafter, the partition has taken place and after partition, the petitioner is residing at a distance of 1 1⁄2 km. from his village in newly built house. The petitioner is a person of clean antecedent and he is under custody since 21.11.2021. Considering the period of detention as well as clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cumSpecial Judge (Excise Act), Madhubani in connection with G.R. Case No. 1386 of 2021, arising out of Rahika P.S. Case No. 115 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.783 of 2022(2) dt.31-05-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T