Bhim Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65909 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Bhim Paswan, Son of Late Krit Paswan, Resident of Village- Khutaha, P.S.- Obra, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Obra P.S. Case No. 171 of 2018 registered under Sections 414, 341, 323, 353, 224, 225, 332/34 of the Indian Penal Code. Ravi Kumar, Sonu Kumar and Vikash Kumar were apprehended with stolen motorcycle by the informant and when the informant was taking the aforesaid accused to the P.S., six tempo borne persons got them freed from the custody of the police. Out of them, one, namely, Vikash Kumar was apprehended while other accused persons managed to escape. Said Vikash Kumar has disclosed the name of the petitioner as one of his fleeing accomplice.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court Cr.Misc. No.65909 of 2018(2) dt.21-12-2018 2/2 offence. He has no concern with the aforesaid occurrence. The allegation levelled against the petitioner is not specific rather omnibus. He has been falsely implicated by Vikash Kumar due to animosity. He was not apprehended on the spot. Barring the aforesaid disclosure made by Vikas Kumar, there is nothing in the record indicating complicity of the petitioner in the occurrence. The tempo in question is not hailing to him. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner, be released on 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 Sub Divisional Judicial Magistrate, Daudnanagr, District-Aurangabad in connection with Obra P.S. Case No. 171 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T