Patna High Court - Orders
Ranjan Paswan @ Supari Paswan @ Ranjay ... vs The State Of Bihar on 25 June, 2021
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7329 of 2021
Arising Out of PS. Case No.-38 Year-2020 Thana- AKILPUR District- Saran
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Ranjan Paswan @ Supari Paswan @ Ranjay Paswan, Son Of Lakshman
Paswan, R/O Village- Akilpur (Dudhiya), P.S.- Akilpur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajeet Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 25-06-2021The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.
Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Akilpur P.S. Case No.38 of 2020 registered for the offence punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.
60 litres illicit liquor has allegedly been recovered from the petitioner's tea-stall.
Patna High Court CR. MISC. No.7329 of 2021(2) dt.25-06-2021 2/3 It is submitted by the petitioner's counsel that the tea-stall is only having thatched room and is accessible from all sides by the public at large. Though he denies and disputes the recovery, he submits that even if it is taken to be true, such recovery is not attributed to the petitioner. Petitioner has no criminal antecedents and there is no forensic opinion to support the allegation that the recovered material is intoxicant.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail.
Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge/Special Judge, Excise, Saran, Chapra, in connection with Akilpur P.S. Case No.38 of 2020, 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.
Patna High Court CR. MISC. No.7329 of 2021(2) dt.25-06-2021 3/3
(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.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
(Madhuresh Prasad, J)
PNM
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