Patna High CourtCR. MISC./60687/2018bail granted

Dhanpat Paswan v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.60687 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60687 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -VENA District- NALANDA (BIHARSHARIFF) ======================================================

1. Dhanpat Paswan Son of late Dayanand Paswan, Resident of Village/ Mohalla- Sarvoday Nagar, P.S. Deep Nagar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 The petitioner seeks regular bail in connection with Ben P.S. Case No. 99 of 2017, registered for offences punishable under Sections 30/30(a)/35(a)/35(b) of the Bihar Excise Prohibition Amendment Act, 2016.

Allegation is of recovery of 738 litres of liquor from the hut of one Jawahar Prasad, who disclosed the names of his other associates.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered either from his conscious possession or from his house and he has no criminal antecedent and has been in judicial custody since 08.08.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60687 of 2018 (2) dt.06-10-2018 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District & Sessions Judge Cum Special Judge, Excise, Nalanda at Biharsharif, in connection with Ben P.S. Case No. 99 of 2017, subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T