Shyam Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17719 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -WARSALIGANJ District- NAWADA ====================================================== Shyam Paswan S/o Late Hari Paswan, Resident of Village- Rasalpur, P.S.- Warisaliganj, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 39 of 2016 registered for offences punishable under Sections 290, 272 273 of the Indian Penal Code and Section 47(A) of the Excise Act. The prosecution case, in brief, is that on secret information, informant made a raid along with other police officials and recovered 20 litres of country made wine kept in a plastic jar and 30 litres kept in another plastic jarkin and prepared seizure list. However, petitioner is alleged to have fled away from the place of occurrence.
It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.17719 of 2016 (2) dt.04-05-2016 2/3 the petitioner that petitioner is innocent, has falsely been implicated in the aforesaid case and nothing has been recovered from his possession. It has further been submitted that a false case has been filed against the petitioner due to enmity and Gram Panchayat politics. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report and, hence, opposes the prayer for bail.
Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 39 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
However, it is made clear that the petitioner who is also an accused in another case, bearing Warisaliganj P.S. Case No. 32 of 2016 registered for the similar nature of offence, as such, in future, if he is found
Patna High Court Cr.Misc. No.17719 of 2016 (2) dt.04-05-2016 3/3 to have indulged in similar nature of offence, learned Court below will be at liberty to cancel his bail bonds without being prejudiced by this order.
(Nilu Agrawal, J.) Arjun/- U T