Madan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43592 of 2023 Arising Out of PS. Case No.-1112 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== MADAN PASWAN S/O LATE BACHAN PASWAN R/O Village- Sanokhar Bazar, P.S- Sanokhar, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 E.C. Act.

3. As per the prosecution case, on the basis of secret information, the informant has seized 35 quintal subsidized Government rice which was loaded on one Mahindra Pick Up Van. The petitioner is the driver of the said vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been made accused in the present case merely because he is driver of the seized

Patna High Court CR. MISC. No.43592 of 2023(2) dt.18-08-2023 2/2 vehicle. Similarly situated co-accused, namely, Ashok Yadav, owner of the seized vehicle has been enlarged on bail by this court vide order dated 28.07.2023 passed in Cr. Misc. No. 35143 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Kahalgaon (Rasalpur) P.S. Case No. 1112 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T