Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25812 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Umesh Paswan, Son of Late Asarfi Paswan, Resident of Village-Basmatiya, Ward no. 5, P.S.-Narpatganj, District-Araria, Bihar, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. (Dr.) Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in custody since 12.03.2017 in connection with Narpatganj P.S. Case No. 111/17, G.R. No. 861/17 for the offences alleged under Section 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during patrolling they apprehended the petitioner carrying 20 packets of multi-vitamin and multi-mineral of Ultikem for the purpose of smuggling to Nepal. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was

Patna High Court Cr.Misc. No.25812 of 2017 (2) dt.03-07-2017 2/2 not the owner of the seized multi-vitamin and multi-mineral packets but was a mere labourer, who was given the job to carry the seized packets to a Indian shop near Nepal border. He submits that no offence under Section 414 of the Indian Penal Code is made out against the petitioner and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 111/17.

(Nilu Agrawal, J) Rajesh/- U T