Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33339 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Sanjay Paswan, S/o Late Rajendra Paswan, resident of Village Khabdah, Ward No.12, P.S.- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under section 395 of the Indian Penal Code.

The allegation against the petitioner is that the informant of this case is a driver of tractor. When the informant reached with loaded goods at Nathpur village, two accused persons stopped the tractor and pointed the pistol on him. Other 10 accused persons on four motorcycles also reached there and took away the tractor in a field. They also took away Rs. 5000/- from the informant.

Counsel for the petitioner submits that at the behest of political rivalry of the elder brother, who used to contest

Patna High Court Cr.Misc. No.33339 of 2017 (2) dt.20-07-2017 2/2 elections, he has falsely been implicated in this case. It is further submitted that falsity of the case is evident from perusal of the seizure list in which there are various infirmities and the same is not in accordance with law. It is further submitted that he is in custody since 23.12.2017. It has been further submitted that the tractor in question was not recovered from the front of his house as the recovery shown in the local newspaper on that day was in respect of the some other tractor at some other case. Though he is implicated in some other cases but he submits that all said cases have been instituted arising out of political rivalry and in one of the case he is already on bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Narpatganj P.S. Case No. 83/17.

(Madhuresh Prasad, J) veena/- U T