Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65020 of 2018 Arising Out of PS. Case No.-173 Year-2018 Thana- HARLAKHI District- Madhubani ====================================================== Sanjay Paswan Son of Late Khushi Lal Paswan Resident of Village-Birdipur, P.S. Jamalpur, Distt.-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav For the Opposite Party/s :
Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Harlakhi P.S. Case No. 173 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is of recovery of 210 Litres of Nepali liquor from the Tempo driven by him. It has been submitted on behalf of the petitioner that the petitioner is the Driver of the vehicle and was not aware about illicit liquor kept in the vehicle. Petitioner has got no criminal antecedent and is in custody since 02.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like
Patna High Court Cr.Misc. No.65020 of 2018(2) dt.05-11-2018 2/2 amount each to the satisfaction of learned Additional District and Session Judge-II, Madhubani cum Special Judge, Excise Act, Madhubani, in connection with Harlakhi P.S. Case No. 173 of 2018, with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the 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.
(S. Kumar, J) ranjan/- U