Sikandar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51259 of 2017 Arising Out of PS.Case No. -171 Year- 2017 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ====================================================== Sikandar Paswan Son of Shree Gulab Paswan, resident of VillageKonand, P.S. Asthawan, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Ms. Kumari Sujata Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.08.2017 in connection with Asthawan P.S. Case No. 171 of 2017 for the offences alleged under Section 379 of the Indian Penal Code and Section 4/40 of Bihar Mineral Mining Concession Rule 1972 and Section 8(d) of Bihar Illegal Transportation Storage Prevention of Rule, 2003.

3. It is submitted that the petitioner has been falsely implicated as the petitioner was merely working as labourer and has no concern with the tractor and sand in question. Specific statement has been made in paragraph-7 of the petition that the petitioner is neither driver nor owner of the tractor.

Patna High Court Cr.Misc. No.51259 of 2017 (2) dt.09-11-2017

4. A perusal of the F.I.R. however discloses that on being questioned, the driver of the tractor disclosed his name as Sikandar Paswan, the petitioner herein.

5. In view of the incorrect statement made in paragraph-7 of the petition, this Court is not inclined to grant the privilege of bail to the petitioner at this stage. The bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T