Bhuntun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70218 of 2019 Arising Out of PS. Case No.-46 Year-2017 Thana- GAIGHAT District- Muzaffarpur ====================================================== Bhuntun Paswan, Son of Bhukhlu Paswan, Resident of Village- Bahadurpur, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Gaighat P.S. Case No.46 of 2017 registered for the offence punishable under Sections 465, 467, 468 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. Learned counsel submits that the petitioner is not named in the FIR and no evidence has come against him during the entire investigation.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein this petitioner is said to be the Ex-Mukhiya of Gram Panchayat Raj Bakhari and the allegation against him is that he being a member of the panchayat teacher unit had appointed the teachers

Patna High Court CR. MISC. No.70218 of 2019(2) dt.04-12-2019 2/2 allegedly on the basis of the forged document, but the contention of learned counsel for the petitioner is that this petitioner had no means to verify the genuineness of the document at the time of making appointment and the petitioner is an illiterate person as also that he has remained in custody since 07.06.2019 and the investigation is complete, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XVth, Muzaffarpur in connection with Gaighat P.S. Case No.46 of 2017, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T