Radheshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5978 of 2019 Arising Out of PS. Case No.-37 Year-2012 Thana- GOH District- Aurangabad ====================================================== Radheshwar Paswan Son of Late Phulchandra Paswan Resident of Village - Paharpura, P.S.- Goh, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Goh PS case no. 37 of 2012 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 436, 427 of Indian Penal Code, 27 of Arms Act and 17 of C.L.A. Act. The allegation is regarding unknown miscreants, said to be Naxalites, having sprinkled diesel on the vehicle of the informant and having set them on fire due to non-payment of levy by the informant to the miscreants.

The learned counsel for the petitioner submits that the name of the petitioner has transpired in the present case after three years of occurrence upon arrest of one Mrityunjay Mishra who has disclosed the name of the petitioner in his

Patna High Court Cr.Misc. No.5978 of 2019(2) dt.04-02-2019 2/2 confessional statement as one of his accomplice. It is further submitted that the other co-accused persons have already been granted bail who are similarly situated to the petitioner. Lastly, it is submitted that the petitioner is an accused in one other case but he is on bail in the said case and he is languishing in custody since 25.09.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Goh PS case no. 37 of 2012.

(Mohit Kumar Shah, J) rinkee/- U T