Sheeru Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44078 of 2016 Arising Out of PS.Case No. -220 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAHARSA ======================================================

1. Sheeru Paswan, son of Jagdishpur Paswan, Resident of Village-Deona, P.S.-Bangaon, District Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Sri Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sheeru Paswan, in connection with Misc. Case No.220 of 2016, under Section 47 A Excise Act. Perused the above application and materials on record.

Heard Mr. Pramod Mishra, learned Counsel for the petitioner, and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor, appearing on behalf of the State. It has been submitted that only 20 gram Ganja was recovered from the possession of the petitioner, which is not under the commercial quantity.

In view of the fact that the accused above-named has been in custody since 03.08.2016 in connection with the case

Patna High Court Cr.Misc. No.44078 of 2016 (2) dt.05-10-2016 2/2 aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Munsif-cum-Judicial Magistrate, 1st class-IV, Sahara, in connection with Misc. Case No.220 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person 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 shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of.

(I.A. Ansari,CJ) K.C.jha/- U T