Niranjan Paswan @ Firoz Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.5511 of 2017 (2) dt.10-02-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5511 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Niranjan Paswan @ Firoz Paswan, Son of Bindhyachal Paswan, Resident of Village- Baikunthawa, P.S.- Darpa, District- East Champaran, Motihari.
.... .... Petitione
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sharda Nand Mishra For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 17.08.2016 in connection with Raxaul P.S. Case No. 169 of 2016 for the offences alleged under Sections 302, 120B/34, 324, 307 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 of the Explosive Substance Act.
3. It is submitted that the petitioner has been falsely implicated and except his confessional statement before the police, there is no material to connect him with the alleged offence. Petitioner is not named in the F.I.R. and claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten
Patna High Court Cr.Misc. No.5511 of 2017 (2) dt.10-02-2017 thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Raxaul P.S. Case No. 169 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/- U T