Bikram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41455 of 2018 Arising Out of PS.Case No. -262 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Bikram Paswan Son of Pokham Paswan Resident of Village Madhurapur, P.S. Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bidupur P.S. Case No. 262 of 2017 for offences punishable under Sections 392, 411, 120(B) of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was working as a Sangam Manager in a finance company and returning home after collection of Rs. 1,40,000/-, three miscreants on a motorcycle on gun point, snatched away the bag and started fleeing away who were chased and the police managed to apprehend the petitioner while his four associates managed to flee away, two of them being named by the

Patna High Court Cr.Misc. No.41455 of 2018 (2) dt.13-07-2018 2/3 apprehended petitioner to be working as liner. The bag containing cash was recovered by the police.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. The petitioner does not bear any criminal antecedent as another case bearing Bidupur P.S. Case No. 263 of 2017 under the Arms Act had been lodged on the same day but no arms have been recovered from his possession on his arrest. He submits that nothing has been recovered from his possession and the petitioner is languishing in judicial custody since 29.08.2017. He submits that one of the co-accused has already been granted pre-arrest bail who is alleged to be working as a liner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-14, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 262 of 2017, subject to the conditions that:

Patna High Court Cr.Misc. No.41455 of 2018 (2) dt.13-07-2018 3/3

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T