Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68801 of 2019 Arising Out of PS. Case No.-553 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Chandan Paswan Son of Jalandhar Paswan Resident of Village - Jafrabad Khanjahan Chak Urf Saidenpur, P.S.- Lalganj, Distt - Vaishali. 2.

Md. Mobin Son of Md. Nayeem Resident of Village - Ratti Bhagwanpur, P.S. and Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 30(a), 33, 36 of Bihar Prohibition & Excise Act, 2016.

Allegation is of recovery of 35 litres of country made liquor from the motorcycle of the petitioners. It was submitted on behalf of the petitioners that nothing was recovered from the possession of these petitioners and they have been falsely implicated in this case. Petitioners have no criminal antecedent and are in custody since 26.08.2019.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.68801 of 2019(2) dt.04-12-2019 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saraiya P/S Case No. 553/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners will co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioners 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 petitioners. (S. Kumar, J) Ranjeet/- U T