Baijnath Paswan @ Baidhnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46736 of 2018 Arising Out of PS.Case No. -766 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Baijnath Paswan @ Baidhnath Paswan Son of late Matru Paswan Resident of Village- Banshi Tikar, Police Station- Lodipur(Sabour) and District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Sinha, Adv. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 The petitioner is in custody since 19.03.2018 in connection with Complaint Case No. 766/2011, registered for offences punishable under Sections 420, 406, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

Allegation as per complaint is that petitioner and other accused persons have sold the land of Kabristan to the complainant and taken away Rs. 11,50,000/-.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the land has been purchased by the complainant from one Basuki Yadav and later on it transpired that the land belongs to Kabristan. Further submission is that no specific allegation has been

Patna High Court Cr.Misc. No.46736 of 2018 (2) dt.18-09-2018 2/3 attributed against the petitioner and the petitioner is in custody since 19.03.2018.

Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Bhagalpur, in connection with Complaint Case No. 766/2011, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing

Patna High Court Cr.Misc. No.46736 of 2018 (2) dt.18-09-2018 3/3 any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T