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Patna High CourtCR. MISC./54746/2017bail granted

Pawan Paswan v. The State Of Bihar

2017-11-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54746 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Pawan Paswan, S/o Ramjanam Paswan, resident of Village- Bhagat Tendua, P.S. Hariharganj, District- Palamu (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Amba P.S.Case No.126 of 2017, registered for offences punishable under Sections 30(a)/38 of Bihar Prohibition and Excise (Amendment)_ Act, 2016.

Allegation against the petitioner as per FIR is about recovery of 120 ltrs. of liquor from the motorcycle of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent and he is in custody for about 1 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.54746 of 2017 (2) dt.17-11-2017 2/2 circumstances, as stated above, 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 Learned Additional Sessions Judge-VII-cumSpecial Judge, Aurangabad in connection with Amba P.S.Case No.126 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 in the event of failure 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 bond.

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