Bholo Paswan @ Bhola Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1086 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- KONCH District- Gaya ====================================================== Bholo Paswan @ Bhola Paswan , aged about 58 years (Male), son of Late Banshi Paswan, Resident of Village- Pali, P.S. Konch, District- Gaya (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Singh, Adv.
For the Opposite Party/s :
Mr.Sri Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Konch P.S. Case No. 298 of 2018 registered for the offences punishable under Sections 18/20/22 of N.D.P.S. Act. Allegation is recovery of 2.700 Kg. Ganja from the house of the petitioner.
It has been submitted on behalf of the petitioner that he is innocent and has committed no office. He has been falsely implicated in this case due to dirty village politics. Petitioner has no criminal antecedent and is in custody since 14.10.2018. Considering the nature of allegation against
Patna High Court CR. MISC. No.1086 of 2019(3) dt.28-02-2019 2/3 petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage. However, petitioner after completion of six months in judicial custody 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 Sessions Judge (N.D.P.S.), Gaya, in connection with Konch P.S. Case No. 298 of 2018, with 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 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 the trial court shall take steps to cancel his bail bonds.
Patna High Court CR. MISC. No.1086 of 2019(3) dt.28-02-2019 3/3 With the aforesaid liberty this criminal miscellaneous stands disposed of.
(S. Kumar, J) Rajiv/- U T