Binod @ Bhushan Paswan @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73354 of 2019 Arising Out of PS. Case No.-510 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== BINOD @ BHUSHAN PASWAN @ BINOD KUMAR, Male, aged about 47 years, Son of Ram Prakash Paswan Resident of Mohalla-Ward No.37, Ashok Nagara, Pokharia, P.S.-Town, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pritish Kumar Lal, Advocate.

For the Opposite Party :

Mr.Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 341, 323, 379, 427, 506, 504 of the IPC and 37 (C) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that on 28.08.2019 at about 10.30 P.M. while the informant was getting his Truck in backward direction near Ambedkar Chowk, six persons including the petitioner started demanding money from Radheshyam, the driver of the Truck and assaulted the driver of

Patna High Court CR. MISC. No.73354 of 2019(2) dt.18-11-2019 2/3 the Truck as well as the informant and took out Rs. 16,000/- from his pocket. Nishant Chandra whose stone-chips were to be unloaded arrived there who was also been assaulted. The petitioner's side also damaged the egg shop. It is further stated six persons including the petitioner were in drunken condition. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner in drunken condition misbehaved with the informant who is said to be the owner of the Truck in question. The petitioner is an ex-truck cleaner of the informant. There was dispute regarding wages between the parties which led to the institution of the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court CR. MISC. No.73354 of 2019(2) dt.18-11-2019 3/3 District & Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in connection with Town P.S. Case No. 510 of 2019. (Sudhir Singh, J) U.K./- U T