Vikesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1120 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Vikesh Paswan Son Of Shiv Bali Paswan Resident Of Village - Kritsagar, Police Station - Krishna Braham, District - Buxar 2.

Pankaj Kumar Yadav @ Rajesh Son Of Ram Nath Yadav Resident Of Village - Kritsagar, Police Station - Krishna Braham, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Adv.

Mr. Shankar Kumar, Adv.

Mr. Radha Krishna, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No. 3, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 467, 468, 469, 471, 406, 420, 120(B) of the Indian Penal Code.

The prosecution case in nutshell is that informant, being the transporter of the Sai Road Line, booked a Truck bearing registration number BR-44GA2168, to send 373 quintal wheat for delivering to

Patna High Court CR. MISC. No.1120 of 2023(2) dt.28-03-2023 2/3 Danapur. It is further alleged that wheat was not delivered. When he tried to contact the driver of the alleged truck, his mobile was switched off and owner of the said Truck did not give satisfactory answer. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. The petitioners have no concern with the alleged Truck rather they are driver and cleaner(Khalasi) of a Truck bearing registration number UP-51-AT-3929. From perusal of the seizure list, it appears that the bags of wheat have not been recovered from the possession of the petitioners. Moreover, the petitioners are languishing in judicial custody since 14.10.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.1120 of 2023(2) dt.28-03-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Buxar Muffasil P.S. Case No. 447 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

(Sunil Kumar Panwar, J) nirajkrs/- U T