Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74041 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- DESARI District- Vaishali ====================================================== 1.

JITENDRA PASWAN, S/o Ram Karan Paswan 2.

Bablu Paswan S/o Raju Paswan Both are R/o village- Rampur Kitchni, P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 50 litres country made liquor from the bushes near the Canal and the miscreants assembled there fled away on seeing the police. However, local villagers disclosed the name of petitioners who kept the illicit liquor.

It has been submitted on behalf of the petitioners that they have been falsely implicated in this case due to animosity of village rivalry. Nothing has been recovered from their possession. Petitioners have got no criminal antecedent and are

Patna High Court CR. MISC. No.74041 of 2019(2) dt.11-12-2019 2/2 in custody since 09.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Desari P.S. Case No.314 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T