Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 78474 of 2019 Arising Out of PS. Case No.-839 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SURESH PASWAN Son of Kishun Paswan Resident of Village-Bhusaula, Danapur, P.S.-Phulwarisarif, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Ms.Pronoti Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Phulwarisharif Police Station (for brevity, PS) Case No 839 of 2019 dated 07.09.2019 instituted for the offence punishable under Section (s) 30 (a), 37 (b), 37 (c) of Bihar Prohibition and Excise Act, 2018. First information report has been lodged alleging that 32 liters of country made liquor has been recovered from the house of the petitioner when the same was searched on secret information. It is submitted that the recovery is not from the petitioner's possession. Submission is of false implication and that recovery is not in accordance with law. Having no criminal antecedent, as per averments made in the petition, petitioner is

Patna High Court CR. MISC. No.78474 of 2019(2) dt.13-01-2020 2/2 in custody since 08.09.2019.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in Special Case No 8053 of 2019 arising out of Phulwarisharif PS Case No 839 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of 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 and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T