Ravindra Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74415 of 2023 Arising Out of PS. Case No.-595 Year-2023 Thana- Excise P.S. District- Madhubani ====================================================== Ravindra Kumar Paswan, Son Of Sabitar Paswan @ Sabig Paswan, Resident Of Village - Yogiya, P.S. - Ladaniya, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sadar Excise P.S. Case No. 595 of 2023 registered on 25.08.2023 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, on the basis of confidential information, checking of vehicles was started. One Scorpio vehicle was signaled to stop due to suspicion. The petitioner driving the vehicle tried to flee away with the vehicle but he was apprehended and after the vehicle was intercepted, recovery of 225 litres of country made Nepali liquor was made from the said vehicle.

Patna High Court CR. MISC. No.74415 of 2023(2) dt.29-11-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioner has no concern either with the seized vehicle or the illicit liquor. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner was going to the village of his relatives and when he reached near the vehicle in question, he was caught by the police on suspicion. Petitioner is in custody since 25.08.2023 and charge-sheet has been submitted. Petitioner is accused in one case of similar nature and he is on bail in that case.

5. Learned APP opposes the prayer for bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Madhubani/ court concerned in connection with Sadar Excise P.S. Case No. 595 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal

Patna High Court CR. MISC. No.74415 of 2023(2) dt.29-11-2023 3/3 Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T