Ajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51045 of 2014 Arising Out of Nokha PS.Case No. -6 Year- 2013 Thana -NOKHA DistrictSASARAM (ROHTAS) ======================================================

1. Ajit Paswan S/o- Vakil Ram, Chairman of Srikhinda Pacs, R/v- Rampur Srikhinda, P.S.- Nokha, Distt.- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. P.K. Chourasiya (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Ajit Paswan, in connection with Nokha Police Station Case No. 06 of 2013 under Sections 406/409 of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 06.02.2013, passed, in A.B.P. No.265 of 2013, by the learned Sessions Judge, Rohtas, Sasaram, dismissing the said application for pre-arrest bail. Heard Mr. Vijay Kumar Sinha, learned counsel for the petitioner, and Mr. P.K.Chaurasiya, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record

Patna High Court Cr.Misc. No.51045 of 2014 (2) dt.30-04-2015 does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for prearrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner abovenamed shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Nokha Police Station, Rohtas, Sasaram.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Nokha Police Station, and make himself available for interrogation by police at all reasonable time and 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.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the

Patna High Court Cr.Misc. No.51045 of 2014 (2) dt.30-04-2015 Officer-in-Charge, Nokha Police Station, District Rohtas, Sasaram.

Send also a copy of this order, forthwith, to the Superintendent of Police, Rohtas, Sasaram, by fax. (I. A. Ansari, J) A.I./- U