Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83169 of 2019 Arising Out of PS. Case No.-695 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== JITENDRA PASWAN Son of Baldeo Paswan Resident of Village - Barka Gaon, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anita Kumari For the Opposite Party/s :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 420, 467, 468, 120(B), 272, 273/34 of the Indian Penal Code and Sections 30(a), 38 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 3939.720 litres foreign liquor from different pick up vans.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement made by driver of the vehicle. Neither he was apprehended on the spot nor any illicit liquor has been recovered from his conscious possession. Petitioner has got no criminal antecedent and is in custody since 16.10.2019. Similarly, situated co-accused persons, Sudhir Kumar and

Patna High Court CR. MISC. No.83169 of 2019(2) dt.16-01-2020 2/3 Ashok Rai have been granted bail by different co-ordinate Benches of this Court vide order dated 12.12.2019 passed in Cr. Misc. No.82552 of 2019 and order dated 16.12.2019 passed in Cr. Misc. No.80638 of 2019 respectively.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saraiya P.S. Case No.695 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioner 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 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail

Patna High Court CR. MISC. No.83169 of 2019(2) dt.16-01-2020 3/3 the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Sanjay/- U T