Praveen Kumar @ Praveen Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.171 of 2022 Arising Out of PS. Case No.-134 Year-2017 Thana- NADI P.S. District- Patna ====================================================== PRAVEEN KUMAR @ PRAVEEN PASWAN Son of Rajeshwar Das, Resident of Village- Malahi Kali Sthan, P.O. and P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vageshwar Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Nadi P.S. Case No. 134 of 2017 registered for offence punishable under sections 379 and 411 of the Indian Penal Code. As per allegation, the informant parked his tractor beside the road. When he came there, he did not find his tractor. After hectic search, the tractor was found near the court in Barh SubDivision of Patna. One person came and started that tractor and he was arrested. He disclosed his name as Birbal Paswan. He also named the present petitioner.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.171 of 2022(2) dt.02-08-2022 2/2 the petitioner was not arrested at the spot. Co-accused Birbal Paswan was arrested and the petitioner was some previous enmity with Birbal Paswan, who named the present petitioner in his confessional statement before the police and except confessional statement, there is nothing against the present petitioner in the entire case diary. He has submitted further that co-accused Birbal Paswan has been granted regular bail.

The learned APP has opposed the prayer for bail. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City in connection with Nadi P.S. Case No. 134 of 2017, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T