Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62425 of 2017 Arising Out of PS.Case No. -370 Year- 2017 Thana -BELAGANJ District- GAYA ====================================================== Manoj Paswan, Son of Rajkumar Paswan, resident of village- Jindapur, P.S.- Belaganj, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Belaganj P.S. Case No. 370 of 2017 instituted for the offence under Sections 30(a)(c)(d) of Excise Act.

It has been submitted that recovery of illegal Mahua liquor has been made from Gangti Ahra as would appear from the seizure list.

In the written report there is vague allegation that this petitioner fled away from the place of occurrence. The police has got information from the local people that this petitioner along with other co-accused were indulged in selling of illicit Mahua liquor.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.62425 of 2017 (2) dt.21-12-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Belaganj P.S. Case No. 370 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T