Patna High CourtCR. MISC./68822/2018bail granted

Pawan Kumar Paswan @ Babban Paswan v. The State Of Bihar

2018-12-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68822 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Pawan Kumar Paswan @ Babban Paswan, Son of Late Asharfi Paswan, Resident of Village- Kabrichak, Police Station- Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Syed Ashfaque Ahmad, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Bahadurpur P. S. Case No. 146 of 2018 registered under Sections 353, 387, 401 and 414 read with 34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that from perusal of the FIR itself, it would transpire that none of the ingredients of the offences alleged are attracted in the present case. He further contended that there is no allegation that the petitioner deterred any public servant in discharge of his official duty. There is also no allegation that any stolen article was recovered or the petitioner had threatened anyone with dire consequences.

Patna High Court Cr.Misc. No.68822 of 2018(2) dt.18-12-2018 2/2 Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the allegation made in the FIR which is based against the petitioner on wild suspicion and hypothetical presumption, in the event of arrest or surrender before the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Darbhanga in connection with Bahadurpur P. S. Case No. 146 of 2018 , subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/Suman.

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