Rajendra Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.50298 of 2015 (4) dt.29-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50298 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -JAMHORA District- AURANGABAD ====================================================== Rajendra Paswan S/o Late Dewki Paswan resident of village - Dhano Tole Itwa Bigha, P.S. Jamhore, District - Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jamhore P.S. Case No. 69 of 2015 registered for the offences punishable under Sections 144, 386 and 387 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act and Section 17 of the C.L.A. Act.

Allegedly, the informant and other police personnel after getting information that extremists Bhim Paswan and Jitendra @ Driver have come with their associates and are sitting in the house of the petitioner, conducted raid and others fled away but three of them were caught including the petitioner and from possession of the petitioner one loaded country made carbine was recovered in the bag kept on the shoulder.

Submission is of false implication and nothing was

Patna High Court Cr.Misc. No.50298 of 2015 (4) dt.29-02-2016 recovered from possession of the petitioner, co-accused Ravindra Paswan was also apprehended who has already been allowed vide Cri. Misc. No. 53631 of 2015 by another co-ordinate Bench of this Court and the petitioner suffering in custody since 24.08.2015 and having no criminal antecedent, deserves sympathetic consideration.

The learned A.P.P. does not appose the prayer of bail. In the facts and circumstances stated above, considering the detention of the petitioner, now he 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 the learned C.J.M., Aurangabad in connection with Jamhore P.S. Case No. 69 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T