Allowed

Laxman Passwan @ Lakshman Paswan and 3 Ors. v. the State of Assam

Gauhati HC3 Nov 2021Bail Appln./2368/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to four accused petitioners charged with theft of rice from an FCI godown. The release was allowed after considering the 57-day period of detention already endured by the accused.

What did the court decide?

Petitioners granted bail on furnishing bond of Rs. 25,000 each with two sureties of like amount subject to various conditions.

Laxman Passwan @ Lakshman Paswan and 3 Ors. Vs the State of… — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010147462021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2368/2021

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LAXMAN PASSWAN @ LAKSHMAN PASWAN AND 3 ORS. S/O BALESWAR PASSWAN R/O LASTGATE, NOONMATI, P.S. NOONMATI DIST. KAMRUP (M), ASSAM

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2: SASHI BHUSAN SINGH @ SHASHI BUSHAN SINGH S/O RAM BAHADUR SINGH R/O FCI GATE ANANDA NAGAR

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P.S. CHANDMARI

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DIST.KAMRUP (M) ASSAM

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3: DILIP DAS S/O DEBEN DAS R/O GANAKPARA P.S. CHAYGAON

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DIST. KAMRUP (R) ASSAM

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4: SURESH DEB PRASAD S/O SHIBAM PRASAD R/O BANK COLONY NOONMATI P.S.NOONMATI DIST.KAMRUP (M) ASSA

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VERSUS

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Page No.# 2/3

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N DUBEY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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03.11.2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Sri Laxman Passwan @ Lakshman Paswan 2. Sri Sashi Bhusan Singh @ Shashi Bushan Singh 3. Sri Dilip Das and 4. Sri Suresh Deb Prasad, in connection with Dispur Police Station Case No. 3202 of 2021 , registered under Section 379 of the IPC read with Section 7 of the EC Act .

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The case diary produced has been perused.

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Heard Mr. N. Dubey, learned counsel appearing for the petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor.

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The allegation against the accused-petitioners is that of theft in respect of rice from the FCI godown in a trucks of which they are the drivers. Whatever it may be, the fact remains that the petitioners have been in custody for 57 days, as on date.

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Considering such fact and length of detention of the accused-petitioners in custody for 57 days as on date, they are granted bail.

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Page No.# 3/3

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Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- each with two suitable sureties, each of the like amount, to the satisfaction of learned Chief Judicial Magistrate Kamrup(M), Guwahati.

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The direction for bail is further subject to the conditions that the accusedpetitioners:

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(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate Kamrup(M), Guwahati, without prior written permission from him;

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(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;

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(c) shall not, directly or indirectly, 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; and

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(d) shall appear before the Investigating Police Officer once in a week for six weeks or as and when called for by him for the purpose of investigation of the case.

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In terms of the above, this bail application stands disposed of. Return the case diary.

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JUDGE

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Comparing Assistant

Laxman Passwan @ Lakshman Paswan and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Laxman Passwan @ Lakshman Paswan and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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