Subhash Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.6565 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6565 of 2016 Arising Out of PS.Case No. -327 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Subhash Paswan Son of Sri Jeewachh Paswan @ Jeevachh Paswan, Presently resident of Mohalla - Bankers Colony, Rahamganj P.S. - Laheriasarai, District - Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Smt. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bahadurpur P.S. Case No. 327 of 2015 registered for the offences punishable under Sections 386, 427, 504, 506/34 of the Indian Penal Code. Allegedly, the petitioner and other co-accused damaged the boundary wall and demanded Rs. 12,00,000/- as extortion money from the informant and further at the point of pistol Manish Paswan took Rs. 10,000/-, the petitioner and Suresh Yadav took Rs. 15,000/-.

Submission is of false implication due to land dispute vide annexure-2 and in this case similarly situated co-accused Manish Paswan has already been allowed bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 1415 of 2016 to which

Patna High Court Cr.Misc. No.6565 of 2016 (2) dt.25-02-2016 learned APP is not in a position to distinguish the case of the petitioner from that of co-accused.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 327 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T