Punit Paswan @ Punit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17955 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- SALIMPUR District- Patna ====================================================== PUNIT PASWAN @ PUNIT KUMAR, aged about 22 years, Son of Birju Paswan, Resident of Village - Bihata, P.S.- Salimpru, Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 147, 148, 141, 323, 307, 379, 511, 353, 504 of the Indian Penal code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation against petitioner and other co-accused is that he created nuisance and tried to assault police party by lathi danda while police party proceeded to arrest the accused Birju Paswan who is engaged in trade of illicit liquor. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court CR. MISC. No.17955 of 2019(2) dt.04-04-2019 2/3 falsely implicated in this case. No incriminating articles has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No. 4043 of 2018 arising out of Salimpur P.S. Case No. 113 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the
Patna High Court CR. MISC. No.17955 of 2019(2) dt.04-04-2019 3/3 trial court shall take steps to cancel his bail bonds.
(S. Kumar, J) Rajiv/- U T