Allowed

Ambo Paswan v. The State of Bihar

Patna HC2 Dec 2023CR. MISC./74758/2023

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner, Ambo Paswan, in a case involving illegal mining and transportation of sand underSections 379 and 411 of the IPC. The court ordered release on furnishing bail bonds with two sureties and family member.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs.10,000 with two sureties, subject to appearance on trial dates.

Ambo Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74758 of 2023

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Arising Out of PS. Case No.-582 Year-2022 Thana- AMARPUR District- Banka

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======================================================

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Ambo Paswan, Son of Khantar Paswan, Resident of Village Rajapur P.S Amarpur District Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 02-12-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Amarpur P.S. case No. 582 of 2022 instituted for the offences under Sections 379, 411 of the Indian Penal Code, 21 of the MMDR Act, 56 Bihar Minerals Concession Prevention of Illegal Mining Transportation & Storage Rules, 2019; 15 of the E.P.F., Act 1986.

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As per the prosecution case, the petitioner and other co-accused persons are indulged in the illegal mining and transportation of sand near Birma Sand Ghat . On seeing the police, all the accused persons boarded on tractors and motorcycles tried to flee away but one co-accused person,

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Patna High Court CR. MISC. No.74758 of 2023(2) dt.02-12-2023 2/3

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namely Vipin Kumar Singh was apprehended on the spot.

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It has been submitted on behalf of the petitioner that

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the petitioner is in custody since 16.08.2023 and has one criminal antecedent of similar nature. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has falsely been implicated in the present case. Petitioner has been named in the FIR only on the basis of confessional statement of the co-accused, namely Vipin Kumar Singh, who was apprehended on the spot. He further submitted that the co-accused who was apprehended on the spot and disclosed the name of the petitioner has been granted bail by the learned C.J.M., Banka on 03.11.2022 (As per paragraph-10 of the bail petition).

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. case

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Patna High Court CR. MISC. No.74758 of 2023(2) dt.02-12-2023 3/3

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No. 582 of 2022, subject to the following conditions:-

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(I) One of the bailors shall be own/close member of

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the family of the petitioner.

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(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Ambo Paswan v. The State of Bihar

Case brief

What is this about?

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Ambo Paswan v. The State of Bihar

Case brief

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