Manoj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23926 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- RAJAON District- Banka ====================================================== MANOJ KUMAR PASWAN Son of Ganpat Paswan, Resident of VillageMathurapur, P.S-Kahalgaon, District-Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Chandra Jha For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379, 411, 420, 467, 468, 471 & 120 B of the Indian Penal Code. The tractor of the petitioner laden with illegal sand was seized and challan regarding the sand was found forged after verification by the Mining Department.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. As a matter of fact, the petitioner happens to be owner of the tractor and he had given money to his driver to procure challan and he

Patna High Court CR. MISC. No.23926 of 2019(2) dt.18-07-2019 2/2 has no knowledge of producing forged challan by the driver. He has also no knowledge of transporting illegal sand by his driver by his tractor. He has no concern with the aforesaid occurrence. He has no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Banka in connection with Rajoun P.S. Case No. 25 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T