Guddu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35447 of 2020 Arising Out of PS. Case No.-376 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GUDDU PASWAN S/o Late Manik Paswan R/o village- Subhas PallyBaldiria , Dalkola Ward No. 09, P.S.- Karindagi, Distt.- Dinajpur (West Bengal) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2020 Heard Mr. Shubhesh Pandey, learned counsel for the petitioner and Ram Bilash Roy Raman, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Begusarai Town PS Case No. 376/2020 registered for the offence punishable under Sections 420, 120(B) of the IPC and Section 30(a) of Bihar Prohibition & Excise Act 2016.
3. The allegation, as per First Information Report, is that the police intercepted a pickup van and recovered 756 litres of illicit liquor from the same and arrested the petitioner along with driver, but the two other persons, who were sitting on the back side of the vehicle, succeeded in fleeing away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.35447 of 2020(2) dt.23-12-2020 2/3 petitioner is neither the owner nor the driver of the said vehicle and he has falsely been implicated in this case. Learned counsel further submits that petitioner is in custody since 23.07.2020 and similarly situated co-accused person, who was arrested with the petitioner, has been granted regular bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 25624/2020, upon agreeing to deposit a sum of Rs. 25,000/- (Rs. Twenty-five thousand) in the Chief Minister Relief Fund.
5. It is next submitted on behalf of the petitioner that petitioner is also ready and willing to deposit the sum of Rs. 25,000/- (Rs. Twenty-five thousand) in the Chief Minister Relief Fund bearing Account No. 2065104000002257, IFSC Code. IBKL0002065, Bank-IDBI, Branch-Kidwaipuri, Patna.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court on his undertaking to deposit a sum of Rs. 25,000/- (Rs. Twenty-five thousand) in the Chief Minister Relief Fund, I am inclined to grant regular bail to the petitioner, subject to the condition that petitioner will also deposit a sum of Rs. 25,000/- (Rs. Twenty-five thousand) in the Chief Minister Relief Fund as agreed by the petitioner.
Patna High Court CR. MISC. No.35447 of 2020(2) dt.23-12-2020 3/3
7. Accordingly, let the petitioner, GUDDU PASWAN be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Begusarai in connection with Begusarai Town PS Case No. 376 of 2020.
8. The bail bond of the petitioner shall be accepted by the learned lower court on the production of receipt of deposit of Rs. 25,000/- (Rs. Twenty-five Thousand) towards Chief Minister Relief Fund.
9. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T