Madan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25114 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Madan Paswan S/o Rudal Paswan Resident of Village Madhopur Dumariya, P.S. Belsar, District Vaishali.'

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Madhura Nand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 385 and 387 of the I.P.C and section 17 of the C.L.A. Act.

Allegedly, the petitioner handed over a letter to the informant causing threats that he can be eliminated at any time and thereafter telephonically he was caused threats and ransom was demanded and the informant thought that they are the members of M.C.C an extremists organization.

Submission is of false implication due to previous enmity. No incriminating article has been recovered from possession of the petitioner. No amount has been taken as ransom.

Patna High Court Cr.Misc. No.25114 of 2015 (3) dt.07-10-2015 2/2 The petitioner is not the member of M.C.C. and he is suffering in custody since 15.03.2015, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Muzaffarpur in Saraiya P.S. Case No. 81 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) Abhay/- U T