Ranjit Paswan @ Ranjit Pasav v. The State Of Bihar

Patna High Court Cr.Misc. No.28619 of 2015 (3) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28619 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -AANTI District- GAYA ======================================================

1. Ranjit Paswan @ Ranjit Pasav son of Vijay Paswan resident of Village Raja Bigha, P.S. Rafiganj, District - Gaya..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Anti P.S. Case No. 45 of 2014 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is that he along with other co-accused got stop the truck which was being driven by Ashok Yadav and thereafter one of the miscreants shot dead Ashok Yadav and truck fell down in the ditch. During investigation it has come that the petitioner stopped the truck and sat inside the truck and thereafter, Sanjay Paswan came and got down Ranjeet Paswan and the cleaner Raj Kumar Yadav @ Anuj Yadav @ Tenia and shot Ashok Yadav at his right temporal region resulting the truck became imbalance and fell down in the ditch and Ashok Yadav died.

Patna High Court Cr.Misc. No.28619 of 2015 (3) dt.27-10-2015 Submission is of false implication and that there are two Ranjeet Paswan mentioned in the FIR as accused but the cleaner has stated regarding one Ranjeet Paswan without giving his parentage and the petitioner is not the assailant and is suffering in custody since 20.01.2015 and, as such, the petitioner deserves sympathetic consideration to which the learned APP opposes by submitting that after hatching conspiracy the deceased was killed. In the facts and circumstances stated above and further considering that the petitioner is not the assailant as alleged by the witness the cleaner of the truck, 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 Miss. Akansha Kashyap, J. M. Ist Class, Gaya in connection with Anti P.S. Case No. 45 of 2014, 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