Patna High CourtCR. MISC./4235/2017allowed

Lal Bahadur Paswan @ Lal Babu Paswan v. The State Of Bihar

2017-04-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.4235 of 2017 (3) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4235 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lal Bahadur Paswan @ Lal Babu Paswan Son of Nand Lal Paswan, Resident of Village- Baraharak, Ward No. 12, P.S.- Pakaridayal, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 07.10.2016 in connection with Pakarideyal P.S. Case No. 121 of 2016 registered under Sections 147, 148, 149, 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of call detail report, which is at paragraph 80 of the case diary, name of this petitioner has been surfaced in this case. Except this, no any cogent material against the petitioner is available on record. Moreover, co-accused, Suman Kumar Singh, having more or less

Patna High Court Cr.Misc. No.4235 of 2017 (3) dt.18-04-2017 similar allegation has been granted regular bail a co-ordinate Bench of this Court in Cr. Misc. No. 4117 of 2017. The petitioner is rotting in custody for the last five months.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakrideyal P.S. Case No. 121 of 2016.

(Arvind Srivastava, J) Brajesh/- U T