Damodar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39984 of 2019 Arising Out of PS. Case No.-435 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== DAMODAR PASWAN Son of Ambika Paswan Resident of Village - Ratanpur, P.S.- Bariarpur, Dist.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Indu Bhushan For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Buddha Colony P.S.case no.435 of 2018 dated 2.11.2018 , registered for offences punishable under Sections 147, 148, 149, 188, 341, 323, 325, 332, 333, 337, 338, 353, 427, 449, 450, 451, 452, 461 and 120B of the Indian Penal Code and Sections 3⁄4 of the Damage to Public Property Act.

As per FIR, there was a case of arson by the newly recruited police constables in the Patna Police Line and a large number of persons have been made accused in this case including the petitioner.

Submission of the learned counsel for the petitioner is that he was treasurer of the Police Association and allegation of loot-pat is against the newly recruited constables and as a matter of fact the occurrence took place due to death of a

Patna High Court CR. MISC. No.39984 of 2019(4) dt.08-01-2020 2/2 newly recruited police constable, no specific allegation has been attributed against him and as he is a government servant there is no chance of his absconding . He is also ready to abide by any condition imposed upon him.

Heard learned A.P.P. , who has opposed the prayer for bail..

Having heard both sides and in view of submissions as made above and as he is a Police Hawaldar as well as there is no chance of absconding, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge XVI, Patna in connection with Buddha Colony P.S.Case No.435 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T