Rajnish Paswan @ Fantush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56286 of 2015 Arising Out of PS.Case No. -172 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Rajnish Paswan @ Fantush Son of Naresh Paswan, resident of VillageAkopur, P.S.- Cheriya Bariyarpur, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anjani Parashar, Advocate For the Opposite Party/s : Mr. Arun Kr.Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 172 of 2014 registered for the offences punishable under Sections 394 and 120(B) of the Indian Penal Code.

Allegedly, four motorcycles borne criminals came in the wine shop of the informant and at the point of pistol took away, cash of Rs. 9000/- - 10000/- and they stated that why the shop was not closed inspite of direction given by them. Submission is of false implication and that the

Patna High Court Cr.Misc. No.56286 of 2015 (3) dt.11-02-2016 2/3 petitioner was not present at the spot at the time of occurrence, his name was taken by other co-accused who committed the crime and further the name of the petitioner has come in the confessional statement of co-accused Birju Mahton and that Birju Mahto has already been allowed bail vide order dated 16.10.2015 passed in Criminal Miscellaneous No. 47098 of 2015 and as such, the petitioner who is suffering in custody since 22.11.2014, deserves sympathetical consideration. Learned A.P.P. opposes the prayer of bail that the petitioner is named in the F.I.R.

In the facts and circumstances stated above, considering the detention of the petitioner, now, the petitioner, above named, is also 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 Additional Chief Judicial Magistrate, Manjhaul arising out of Cheriya Bariyarpur P.S. Case No. 172 of 2014, 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

Patna High Court Cr.Misc. No.56286 of 2015 (3) dt.11-02-2016 3/3 the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) ajaypd./- U T