Pramod Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83282 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- KATIHAR District- Katihar ====================================================== Pramod Kumar Paswan S/o-Suresh Paswan, Resident of Village- Madhubani, P.S.- Barari (Semapur O.P.), Distt- Katihar.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Nagar Sahayak P.S. Case No. 261 of 2019 registered for the offences punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the name of the petitioner has transpired only on confessional statement of coaccused. Nothing incriminating has been recovered from the possession of the petitioner as also petitioner has been brought in this case while he was in custody in another case since 12.06.2019.

Patna High Court CR. MISC. No.83282 of 2019(2) dt.07-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that save and except confessional statement of the co-accused in which name of the petitioner has transpired, there is no other material to connect this petitioner with the present case and nothing incriminating has been recovered from his possession as also petitioner has been brought in this case while he was in custody in another case since 12.06.2019, let the petitioner above named be released on bail in connection with Nagar Sahayak P.S. Case No. 261 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly

Patna High Court CR. MISC. No.83282 of 2019(2) dt.07-01-2020 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/ved U T