Sunil Paswan @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2607 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Sunil Paswan @ Pintu S/o- Late Shayam Sundra Paswan R/o Vill- Dumari Swargipati, P.S- Hata, Dist- Kashinagar, State U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Ranjan, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Kateya P.S. Case No.497 of 2023, lodged on 24.11.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, two persons were made accused. One is the petitioner and another is the owner of the vehicle from whose possession total recovery of 129 liters of liquor was made.

4. Learned counsel for the petitioner submits that the petitioner is alleged to be driver and he is completely unaware that what is loaded in the car. He submits that antecedent of the petitioner is clean. He is in custody since 25.11.2023. Counsel

Patna High Court CR. MISC. No.2607 of 2024(2) dt.31-01-2024 2/3 further submits that the said recovery has been made from the dicky of the vehicle. The key of the dickey was with the owner of the vehicle.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Excise CourtI, Gopalganj, in connection with Kateya P.S. Case No.497 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.2607 of 2024(2) dt.31-01-2024 3/3 (iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T