Pappu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30668 of 2022 Arising Out of PS. Case No.-914 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== Priyanka Kumari D/O - Hareram Mahto Resident Of Village- Chandpura, P.S.- Nima Chand Pura, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33201 of 2022 Arising Out of PS. Case No.-914 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== PAPPU PASWAN Son of Shyamlal Paswan Resident of Village - Khundihiya, P.s.- Shivsagar, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s Appearance :
(In CRIMINAL MISCELLANEOUS No. 30668 of 2022) For the Petitioner/s :
Mr. Krishan Prasad Singh, Sr. Advocate Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP (In CRIMINAL MISCELLANEOUS No. 33201 of 2022) For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of
Patna High Court CR. MISC. No. 30668 of 2022(2) dt.13-09-2022 2/3 non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code. Accordingly to the prosecution case the signature/thumb impression of the petitioner did not match the records. It was, thus, found that the petitioner and others had not appeared in the test but somebody else had impersonated on his behalf.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the accusation is totally based on suspicion and there is nothing on record to substantiate the aforesaid suspicion. He submits that similarly situated coaccused has already been granted bail by a Bench of this Court vide order dated 09.03.2022 passed in Cr. Misc. No. 17862 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No. 30668 of 2022(2) dt.13-09-2022 3/3 let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shastri Nagar P.S. Case No. 914 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Ajay, devendra/- U T