Ranjeet Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3191 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== Ranjeet Kumar Paswan, aged about 20 years, M, son of Late Satynarayan Paswan, Resident of Mohalla- J.P. Nagar, Court Station Road, P.S.- K. Hat, Distt- Purnia ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Sr. Adv. with Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 24-01-2019 Heard Mr. N.K. Agrawal, learned Senior Advocate, assisted by Mr. Amresh Kumar Sinha, learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 12.10.2018 in connection with Banmakhi P.S. Case No. 215 of 2018 for the offences alleged under Sections 25(1-B)a, 26 and 35 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, on arrest of one Suraj Kumar in K. Hat P.S. Case No. 658 of 2018, when they reached the house of one Upendra Paswan, the petitioner tried to flee away, who was apprehended. On search, from his possession, one country made pistol and one live cartridge was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He, further, submits that charge sheet has already been submitted, there being no allegation of tampering with the prosecution

Patna High Court Cr.Misc. No.3191 of 2019(2) dt.24-01-2019 2/2 witnesses.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and is involved in one more case under serious offence.

Considering the facts and circumstances and the materials on record as well as the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Banmakhi P.S. Case No. 215 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Purnia, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Shamshad/- U