Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76468 of 2019 Arising Out of PS. Case No.-227 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== BHOLA PASWAN Son of Late Raghuni Paswan Resident of Village Hari Nagar, P.S.- Rajnagar, District - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner is in custody in Rajnagar PS Case No. 227 of 2019 registered under Sections 272, 273/34 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016. 15 Litres of Nepali wine is alleged to have been recovered from the petitioner. It is stated in the petition that the petitioner is having clean antecedent. Petitioner is in custody since 16.10.2019. Submission is of false implication and that recovery is not as per procedure prescribed.

Considering the aforesaid submissions prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge (Excise) Madhubani in Rajnagar PS Case No. 227 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of

Patna High Court CR. MISC. No.76468 of 2019(2) dt.11-12-2019 2/2 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T