Ravish Paswan @ Commando v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4031 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Ravish Paswan @ Commando S/o Late Kanhaiya Paswan Resident of Topkhana Bazar Katghar, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kiul Rail P.S. Case No. 116 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R. Petitioner was arrested in one G.R.P Kiul P.S. Case No. 164 of 2019 registered under Section 414 and 401 of the Indian Penal Code, in which he has given his confessional statement, on the basis of which, he has been remanded in this case on 15.10.2019. No incriminating article has been recovered from possession of this petitioner. Petitioner has not been put on Test Identification Parade till date. Other co-accused has been granted bail by this court vide

Patna High Court CR. MISC. No.4031 of 2020(2) dt.22-01-2020 2/2 order dated 11.12.2019 passed in Cr. Misc. No. 74012 of 2019 vide Annexure- 2.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Kiul (Lakhisarai) in connection with Kiul Rail P.S. Case No. 116 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T