Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78643 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

NARESH PASWAN Son of Kullo Paswan Resident of Village-Bachhauta, P.S.- Morkahi, District- Khagaria.

2.

Doctor Kumar Son of Abdesh Paswan Resident of Village- Bachhauta, P.S.- Morkahi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 220 bottles of country made illicit liquor from the vehicle which was being driven by the petitioners.

It has been submitted on behalf of the petitioners that the petitioners are Driver and Khalasi of the vehicle and were not aware about illicit liquor kept in the vehicle. Petitioners have got no criminal antecedent and are in custody since 16.09.2019.

Patna High Court CR. MISC. No.78643 of 2019(2) dt.03-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Pirpainti P.S. Case No. 218 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 tampers 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 offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) ranjan/- U