Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9132 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== BHARAT PASWAN S/o Vishundev Paswan village-Ward No.15, Bhith, P.SBhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363 of the Indian Penal Code. The prosecution case in short is that the accused persons forcibly kidnapped the newly born child of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of

Patna High Court CR. MISC. No.9132 of 2019(3) dt.03-05-2019 2/2 confession of co-accused. Except for confession, there is no substantive evidence to suggest his implication in the present case. The victim child has been recovered from the possession of the Lovely Kumari.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VI-cum- ACJM-Ivth Begusarai in connection with Bhagwanpur P.S. Case No. 181/2018, G.R. No. 3799/18.

(Sudhir Singh, J) Pankaj/- U T