Patna High CourtCR. MISC./55236/2015bail granted

Rupesh Kumar @ Lalu Paswan v. The State Of Bihar

2015-12-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55236 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -DELHA District- GAYA ====================================================== Rupesh Kumar @ Lalu Paswan, Son of Sri Devanand Paswan, resident of Village- Kharkhura, Durga Asthan, Delha, P.S.- Delha, District- Gaya. .... .... Petitioner -Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-12-2015 Heard Sri Ajay Kumar Sinha, learned counsel for the petitioner and Sri Ashok Kumar, learned Addl. Public Prosecutor. The petitioner, who is in custody since 11.07.2015 in connection with Delha P.S. Case no.125/2015 registered for the offence under Sections 399, 402 and 401 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner save and except one mobile phone. He submits that the petitioner is having clean antecedent, which has been stated in paragraph-3 of the petition. However, learned Addl. Public Prosecutor opposing the prayer for bail of the petitioner

Patna High Court Cr.Misc. No.55236 of 2015 (2) dt.16-12-2015 2/2 submits that in this case, the confession has led to recovery of four bombs and, as such, the petitioner is not entitled to grant bail. Keeping in view the nature of accusation, period of custody as well as clean antecedent, which has been mentioned in paragraph-3 of the petition, let the petitioner, namely, Rupesh Kumar @ Lalu Paswan be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate- VII,Gaya in connection with Delha P.S. Case no.125/2015.

(Rakesh Kumar, J) NKS/- U