Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16130 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -NABINAGAR District- AURANGABAD ====================================================== Yogendra Paswan, Son of Sri Kailash Paswan, Resident of Village - Dighi, P.S. Nabinagar, District - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sri Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Nabinagar P.S. Case No. 15 of 2017, registered for offences punishable under Sections 30(a) and 38 of the Bihar Excise Act, 2016.

The allegation against the petitioner is of recovery of 50 liters of country made liquor.

However, it has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and he has clean antecedent and remained in custody for about three months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact

Patna High Court Cr.Misc. No.16130 of 2017 (2) dt.08-04-2017 2/2 that the petitioner has clean antecedent and remained in custody fo about three months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 15 of 2017. 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T