Ravi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6573 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== RAVI PASWAN, Son of Karu Paswan, Resident of Village - Singhaul, P.S.- Kajara, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 147, 148, 149, 307, 353, 120(B) of the Indian Penal Code and Section 25(1-b)/26/27/35 of Arms Act and 16, 17, 18 and 20 of U.A.P. Act.

Allegation is regarding the special force i.e. Cobra force of the police having arrived at the place of occurrence and firing is said to have taken place from both the sides and when the firing had stopped, the Cobra team had recovered huge

Patna High Court CR. MISC. No.6573 of 2020(2) dt.29-06-2020 2/3 amount of arms and ammunition and had also found huge amount of blood spread at the said place, however, one accused Manish Kumar was apprehended by the said team and he is stated to have named 74 naxalites including the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case only on the basis of confessional statement of co-accused Manish Kumar. Similarly placed co-accused have been granted anticipatory bail by co-ordinate bench of this court vide order dated 24.01.2020 passed in Cr. Misc. No. 86450 of 2019. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Piri Bazar P.S. Case No. 115 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of

Patna High Court CR. MISC. No.6573 of 2020(2) dt.29-06-2020 3/3 the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T