Allowed

Amod Paswan v. The State of Bihar

Patna HC17 Apr 2023CR. MISC./3216/2023

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail to the petitioner facing charges under the Bihar Prohibition and Excise Act, 2016. The court mandated deposit of funds into the Bar Council Welfare Fund and specified conditions regarding sureties and bail notors.

What did the court decide?

Petitioner released on bail upon deposit of Rs. 10,000 in Bar Council Fund, furnishing bond of Rs. 25,000 with two sureties (one blood relative) and undertaking not to commit similar offences.

Amod Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3216 of 2023

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Arising Out of PS. Case No.-125 Year-2022 Thana- SATHI District- West Champaran

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

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AMOD PASWAN Son of Late Bikau Paswan @ Vikau Paswan R/VSomgarh, P.S- Sathi Dist- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv. For the Opposite Party/s : Mr.Nand Kishore Prasad, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 17-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

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Allegedly, on the basis of a video clip, petitioner as well as other accused persons has been made accused in the present case.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern with any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

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Patna High Court CR. MISC. No.3216 of 2023(3) dt.17-04-2023 2/3

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Petitioner has been falsely implicated in this case due to police mechanism. No recovery of illicit liquor was ever made and seized. He was not apprehended on the spot. He had not consumed liquor. It is further submitted that SHO of Police Station Sathi and IO are present before the Court and submits that details regarding the allegation against the petitioner have not been mentioned in the FIR by mistake and inadvertently. Petitioner has three criminal antecedents, one of them is of similar nature of offence under Excise Act as mentioned in para-3 of this application.

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Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each in account of Bihar State Bar Council Welfare Fund, bearing Account No. 31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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

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Patna High Court CR. MISC. No.3216 of 2023(3) dt.17-04-2023 3/3

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with Sathi P.S. FIR No. 125 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the

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further conditions that

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(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

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(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Bihar State Bar Council Welfare Fund.

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The personal appearance of the SHO of Police Station Sathi and IO is dispensed with.

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(Anjani Kumar Sharan, J)

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divyanshi/-

Amod Paswan v. The State of Bihar

Case brief

What is this about?

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Amod Paswan v. The State of Bihar

Case brief

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