Om Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38177 of 2018 Arising Out of PS. Case No.-50 Year-2017 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Om Prakash Paswan, S/o Hardangi Paswan, Resident of Niyajipur, P.S.- Fatuha, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Tilak Sao For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-07-2018 Heard Sri Tilak Sao, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Special Case No. 232 of 2017 arising out of Rail ( Bakhtiyarpur) P.S. Case No. 50 of 2017 , registered for the offence under Section 272, 273/34 of the Indian Penal Code , 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. He further submits that in the case save and except

Patna High Court Cr.Misc. No.38177 of 2018(2) dt.04-07-2018 2/2 confessional statement of co-accused, there is no other material to connect the petitioner in the present case and petitioner has been made accused only on the basis of confessional statement of co-accused made before Police.

Considering the nature of accusation as well as the fact that petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let petitioner - Om Prakash Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna / concerned court in connection with Special Case No. 232 of 2017 arising out of Rail ( Bakhtiyarpur ) P.S. Case No. 50 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T