Vikram Paswan @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1364 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== Vikram Paswan @ Vikram Kumar S/O Param Paswan, resident of VillageChanahat, PS- Haspura, Dist. Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Binod Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Zainul Abedin, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Haspura P.S.Case No.158/2023, registered for the offences punishable under Sections 147, 149, 341, 342, 323, 324, 337, 353, 332, 338 and 427 of the Indian Penal Code.
3. As per the allegation made in the FIR, five named accused persons and 20-25 unknown accused persons pelted bricks and stones over the police force and took away the Tractor, on which the illegal sands were loaded, from the police custody.
4. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner has surfaced in course of the investigation, on the basis of the information
Patna High Court CR. MISC. No.1364 of 2024(2) dt.31-01-2024 2/3 given by the Chaukidar, due to inimical term between them. Petitioner was not involved in the alleged offence.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Haspura P.S.Case No.158 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C., with further condition that they may make payment of compounding fee in according to the provisions of Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.
7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will
Patna High Court CR. MISC. No.1364 of 2024(2) dt.31-01-2024 3/3 automatically lose its force.
(Purnendu Singh, J) chn/- U