Om Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.12800 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12800 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -BARUN District- AURANGABAD ====================================================== Om Paswan, son of Akshaywar Paswan, resident of village Jamua Navadih, P.O. and P.S. Rohtas, District Rohtas .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.11.2016 in connection with Barun P.S. Case No. 179 of 2016 for the alleged offences under Sections 420, 379, 411 of the Indian Penal Code and Section 3, 4 and 5 of the Bihar Illegal Mining Act.

3. It is submitted that the petitioner being the driver of the concerned vehicle carrying consignment of stone chips etc. has been falsely implicated as the said consignment was duly supported with valid challan. The petitioner claims clean antecedents.

4. A perusal of the order of the learned Sessions Judge discloses that Challan No. RAQ 0082464 was found to be relating to vehicle No. JH 02G 1382 and not related to the seized vehicle. Other relevant papers including the driving licence of the seized

Patna High Court Cr.Misc. No.12800 of 2017 (2) dt.16-03-2017 truck were also not available.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/ Ibrar U T