← Library
Patna High CourtCR. MISC./7365/2019bail granted

Kamlesh Paswan v. The State Of Bihar

2019-02-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7365 of 2019 Arising Out of PS. Case No.-21 Year-2014 Thana- BELA District- Sitamarhi ====================================================== KAMLESH PASWAN (male), aged about 44 yearsm son of Tilkeshwar Paswan, Resident of Village-Purandaha, Rajwara, P.S. Sonebarsa DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bela P.S. Case No. 21 of 2014 registered for the offence punishable under Sections 323, 379, 342, 364(A), 120(B)/34 of the Indian Penal Code.

The allegation is regarding the accused persons having kidnapped the informant for ransom as also having confined and assaulted him.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case only on account of his bad antecedent. The learned counsel for the petitioner has referred to the statement of the

Patna High Court Cr.Misc. No.7365 of 2019(2) dt.11-02-2019 2/2 informant/victim made under Section 164 of the Cr.P.C. wherein the name of the petitioner has not been disclosed by the informant to be one of the accomplice of the kidnappers. It is submitted that the persons whose name have been disclosed in the said statement have already been granted bail by various orders, one of them being an order dated 20.03.2017 passed in Criminal Misc. No. 11269 of 2017 by a coordinate Bench of this Court. Lastly, it is submitted that the petitioner is languishing in custody since 18.07.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S. Case No. 21 of 2014. (Mohit Kumar Shah, J) S.Sb/- U T