Pawan Paswan @ Pawan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13134 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Pawan Paswan @ Pawan Kumar Paswan, S/o Late Siya Ram Paswan Resident of Mohalla- Jail Road Jabaripur, P.S.- Tilkamanjhi, Distt- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravina Kumari- Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-06-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State assisted by learned counsel for the informant through video conferencing.

Petitioner seeks bail in connection with Industrial Area P. S. Case No.141 of 2019 registered for the offences punishable under Sections 406, 420, 34 of the I.P.C. Allegedly, petitioner and co-accused Nawal Kishore Singh took more than Rs. Five lacs from informant for transferring a land, but subsequently, neither the land was transferred nor the money was returned.

Learned counsel for the petitioner submits that petitioner has only witnessed the agreement and there is nothing

Patna High Court CR. MISC. No.13134 of 2020(2) dt.10-06-2020 2/2 on the record to show that petitioner had taken money. Learned counsel for the petitioner further submits that the agreement goes to show that it was co-accused Nawal Kishore Singh, who executed the agreement in favour of the informant. On the other hand, learned counsel appearing for the informant submits that petitioner filed a petition before the Officer-in-Charge, Zero Mile Police Station, Bhagalpur and in the aforesaid petition, he has admitted this fact that he had taken Rs.1,51,000/- from informant.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 30.11.2019, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P. S. Case No.141 of 2019.

(Hemant Kumar Srivastava, J) vikash/- U T