Ramdeo Paswan Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.1608 of 2012 ramdeo paswan versus the state of bihar ---------------------------------- 2/ 18.1.2012 heard learned counsels for the petitioner and the state. the petitioner is apprehending arrest in a case registered under section 7 of the e.c. act. it is alleged that nine quintals fifty kilograms rice was seized from the petitioners possession, which was being carried in the wee hours. it is submitted by learned counsel for the petitioner that the fir itself reflects that the petitioner was present but the seizure list reflects his absence. more over, there was no occasion for the informant to let the petitioner free. the petitioner also lodged a complaint against the informant two days prior to the lodging of the present case which clouds the bonafide of the prosecution version. considering the aforesaid facts, let the above named petitioner be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of s.d.j.m. begusarai in nayagaon p.s. case no. 35 of 2011 subject to the conditions as laid down under section 438(2) of the cr.p.c. anil/ (dinesh kumar singh, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1608 of 2012 Ramdeo Paswan Versus The State Of Bihar ---------------------------------- 2/ 18.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered under section 7 of the E.C. Act. It is alleged that nine quintals fifty kilograms rice was seized from the petitioners possession, which was being carried in the wee hours. It is submitted by learned counsel for the petitioner that the FIR itself reflects that the petitioner was present but the seizure list reflects his absence. More over, there was no occasion for the informant to let the petitioner free. The petitioner also lodged a complaint against the informant two days prior to the lodging of the present case which clouds the bonafide of the prosecution version. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Begusarai in Nayagaon P.S. Case no. 35 of 2011 subject to the conditions as laid down under section 438(2) of the Cr.P.C. Anil/ (Dinesh Kumar Singh, J.)