Allowed

Garib Nath Paswan v. The State of Bihar

Patna HC24 Jul 2021CR. MISC./26061/2021

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to Garib Nath Paswan in a case involving offences under the Indian Penal Code and the Bihar Prohibition and Excise Act. Bail was granted subject to conditions, including furnishing a bond, depositing money in the PM Cares fund, and obtaining a genealogy affidavit.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 25,000 with two sureties and depositing Rs. 50,000 in the PM Cares fund.

Garib Nath Paswan Vs The State of Bihar — Cheque Dishonour | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26061 of 2021

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Arising Out of PS. Case No.-117 Year-2020 Thana- GAIGHAT District- Muzaffarpur

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======================================================

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Garib Nath Paswan Son Of Ram Suresh Paswan R/O Kanta, Malahi, P.S.Gaighat, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sumit Shekhar Pandey For the Opposite Party/s : Mr. Bishweshwar Ram ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 24-07-2021

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Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings.

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Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioner seeks bail in connection with Gaighat P.S. Case No. 117 of 2020 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 4527.360 liters of foreign liquor is said to have been recovered from the truck bearing Registration No.

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Patna High Court CR. MISC. No.26061 of 2021(2) dt.24-07-2021 2/3

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PB 10 GK 2388. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He submits that petitioner is merely scapegoat for the prosecution and nothing elese. Except this, there is nothing on record to show that the petitioner was involved in the alleged commission of the offences alleged in the Excise Act. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 10.01.2021.

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Petitioner is agreed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor court in connection with Gaighat P.S. Case No. 117 of 2020 subject to following conditions:

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(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

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(2) The bailor shall also state on affidavit that he will inform

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Patna High Court CR. MISC. No.26061 of 2021(2) dt.24-07-2021 3/3

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the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 50,000/(Rupees Fifty Thousand) in the PM Cares fund.

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(Anjani Kumar Sharan, J)

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GAURAV S./-

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U T

Garib Nath Paswan v. The State of Bihar

Case brief

What is this about?

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Garib Nath Paswan v. The State of Bihar

Case brief

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