Bilat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21926 of 2020 Arising Out of P.S. Case No.-417 Year-2019 Thana-Minapur District-Muzaffarpur ====================================================== Bilat Paswan son of Ram Avatar Paswan @ Ram Autar Paswan aged about 51 years resident of village- Banua, Police Station- Minapur, DistrictMuzaffarpur, PIN No. 843165. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Surendra Kishore Thakur, Advocate Mr. Subodh Kumar, Advocate For the Opposite Party :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-07-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.

The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. Inspite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of

2/3 the application.

Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner and Mr. Shantanu Kumar, learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Minapur P.S. Case No.417 of 2019 registered under Sections 419, 420, 464, 467, 469/34 of the Indian Penal Code. Considering that the petitioner is neither an employee of the Bank from where the amount under disaster management benefit was disbursed to one Dukha Paswan nor he is an employee of the Block from where the recommendation for payment of disaster management benefit was made, he is directed to be released on bail, in the event of his arrest or surrender, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffapur in connection with Minapur P.S. Case No.417 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Since, there is a State wide lockdown, the Court has considered it appropriate to adopt the following procedure for communication of the present order :-

3/3 (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Senior Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Senior Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Surendra Kishore Thakur, learned counsel for the petitioner also on his email.

(v) Let steps be taken by the Senior Secretary for uploading of the present order without compromising with the norms of social distancing.

(Ashwani Kumar Singh, J) kanchan/- U T