Sudama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.413 of 2024 Arising Out of PS. Case No.-124 Year-2014 Thana- AMAS District- Gaya ====================================================== Sudama Paswan Son of Munni Paswan Resident of Village- Ahuri, P.S.- Amas, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Amas P.S. Case No. 124 of 2014, dated 30.09.2014, registered for the offences punishable under Sections 341, 504, 387, 307, 506, 435, 427, 120(b)/34 of the Indian Penal Code and section 27 of the Arms Act and section 17 C.L.A. Act.

4. As per the prosecution case, the informant is the driver of the Jee Machine and on 29.09.2014, the informant

Patna High Court CR. MISC. No.413 of 2024(2) dt.12-02-2024 2/3 went to load sand from the river then at night 15 persons came and woke up the informant and abused him and also took oil out from the vehicle and burnt it and also threatened that if you did not fulfill the demand then they would kill your owner.

5. Learned counsel for the petitioner has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioner was neither apprehended on the spot. No incriminating material has been recovered from the possession of the petitioner. The name of the petitioner tranpsired on the basis of confessional statement of the coaccused namely Aashish Jee @ Tiger. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghati, (Gaya) in connection with Amas P.S. Case No. 124 of 2014, subject to

Patna High Court CR. MISC. No.413 of 2024(2) dt.12-02-2024 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:

8. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T