Bhuto Paswan @ Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29073 of 2017 Arising Out of PS.Case No. -2 Year- 2016 Thana -THANA BIHPUR RAIL P.S. DistrictKHAGARIA ======================================================

1. Bhuto Paswan @ Satish Paswan S/o Surya Kumar Paswan R/o VillKatchari Road Khagaria, Near SDO Court, P.S.- Chitragupt Nagar, DisttKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Bihpur Rail PS case no. 02 of 2016 registered for the offences punishable under Sections 328, 379, 307 of Indian Penal Code and Sections 20 and 22 of N.D.P.S. Act.

The allegation leveled by the informant is that some of the persons were traveling in the train who were doing the business of transporting fish from Maldah. It has been further alleged that while the said persons were traveling in a train, some unknown accused persons had boarded the train and were engaged in giving tobacco laced with certain poisonous substance to the co-passengers, due to which, they became unconscious

Patna High Court Cr.Misc. No.29073 of 2017 (2) dt.01-07-2017 2/2 whereupon, the said accused persons are said to have taken out the money from the persons of the said unconscious persons. It is further alleged that the said person who was trying to take out money from the person of the said unconscious persons was arrested on the spot and he is said to be named as Fekan Ram. Learned counsel for the petitioner submits that as far as the petitioner is concerned, he is not named in the FIR, he was not apprehended from the spot, he has clean antecedent and he is in custody since 04.10.2016 as well as he has been falsely implicated at the instance of other co-accused persons. The petitioner is stated to have been apprehended on mere suspicion on 03.10.2016 by the police.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge III, Khagaria in connection with Bihpur Rail PS case no. 02 of 2016.

(Mohit Kumar Shah, J.) rinkee/- U T