Ramvinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48793 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Ramvinay Paswan S/O Lalan Paswan R/O Village- Budhanpur, P.SDeuriya, Distt.- Muzaffarpur. 2.

Dinanath Sah S/O Late Vaidnath Sah R/O Village- Thikaha Kothi, P.SKathaiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-08-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Pakaridayal P.S. Case no. 62 of 2024 registered under sections 379 and 411 of the Indian Penal Code.

3. As per the prosecution case, the truck of the petitioners was caught with illegally loaded sand and on demand, the permit produced by the petitioners was found to be forged.

Patna High Court CR. MISC. No.48793 of 2024(2) dt.08-08-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No forged permit as alleged was produced by him. So far as loss to the department/State exchequer is concerned, as stated in paragraph no. 9 of the petition in reference to the receipts brought on record as Annexures- P/2 and P/3, a total sum of Rs. 1,45,572/- and Rs. 52,500/ has been deposited by the petitioners with the Department of Mines and Geology at Motihari, East Champaran and the Department of Transport at Motihari, East Champaran on 9.5.2024 and 18.5.2024. The petitioners have no criminal antecedent and undertake to cooperate in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners, the submissions made on behalf of the petitioners to the effect that the penalty as stated above having been deposited and the receipts thereof brought on record as Annexures- P/2 and P/3 to the petition together with the petitioners not having any criminal antecedent, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Pakaridayal P.S. Case no.

Patna High Court CR. MISC. No.48793 of 2024(2) dt.08-08-2024 3/3 62 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, East Champaran at Motihari.

(Partha Sarthy, J) Harsh/- U T