Bindeshwari Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17405 of 2020 ======================================================
1. Bindeshwari Paswan aged about 45 years male
2. Rahman Paswan @ Nand Kishore Paswan aged about 42 years male both sons of Late Adhar Paswan, R/o village- Shyampur, P.S.- Adapur, District- East Champaran..................................... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-05-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.
The petitioners are seeking regular bail in connection with Adapur P.S. Case No. 10 of 2020 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is the case of the petitioners that no incriminating article has been recovered from their possession, they have been made victim of police atrocities when the real culprits fled away. It is their further case that they are in custody since 01.02.2020 and investigation against them is complete.
Learned APP for the State has opposed the prayer for regular bail of the petitioners. It is, however, not the case of the
Patna High Court CR. MISC. No.17405 of 2020(2) dt.13-05-2020 2/3 State that the investigation in this case is not complete and/or release of the petitioners is at this stage in any way going to affect the trial.
Considering the facts and circumstances of the case wherein it is the case of the petitioners that they are in custody for over more than three months and investigation against them is complete and there is no chance of tampering with the evidence if the petitioners are released on bail as there is no such submission on behalf of the State, this Court directs release of the petitioners above named on bail in connection with Adapur P.S. Case No. 10 of 2020 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction learned Special Judge, Excise, Motihari, East Champaran, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.
Patna High Court CR. MISC. No.17405 of 2020(2) dt.13-05-2020 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that they will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioners. This application stands disposed of.
(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.