Dhannji Paswan @ Dhanji Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.6382 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6382 of 2018 Arising Out of PS.Case No. -376 Year- 2017 Thana -DUMRAUN District- BUXAR ====================================================== Dhannji Paswan @ Dhanji Paswan, Son of Late Lalan Pawan, resident of Village- Dalit Tola, Dumaraon, Ward No. 25, P.S. Dumraon, DistrictBuxar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 18.12.2017 in connection with Dumraon P.S. Case No. 376 of 2017 for the offences alleged under Sections 30(a), 37(c) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 8 litres of foreign liquor. It is submitted that as a matter of fact recovery was made from outside the hut and not from the possession of the petitioner.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 18.12.2017, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.6382 of 2018 (2) dt.01-02-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J. II Cum Special Judge Excise Act, Buxar, in connection with Dumraon P.S. Case No. 376 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T