Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43598 of 2017 Arising Out of PS.Case No. -259 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Vikash Paswan son of Late Muni Paswan resident of Village- Dihuri, Police Station- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.05.2017 in connection with Tekari P.S. Case No. 259 of 2016 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he is a collecting agent of Bandhan Bank, Tekari and used to collect money from various groups. On the alleged date of occurrence three miscreants intercepted him on his motorcycle and took away the bag containing Rs. 1,89,045/- on gun point. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.43598 of 2017 (4) dt.14-11-2017 2/3 petitioner that he is innocent, not named in the F.I.R. and has been falsely implicated in the aforesaid case. The petitioner does not bear any criminal antecedent and it is only on the basis of confessional statement of Ranjit Paswan and Suresh Paswan, he has been made accused. He submits that nothing has been recovered from his conscious possession and that Ranjit Paswan has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 7546 of 2017 on 20.03.2017. 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 Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 259 of 2016, subject to the conditions that:

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

(1) If the petitioner indulges in an offence of

Patna High Court Cr.Misc. No.43598 of 2017 (4) dt.14-11-2017 3/3 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