Rajesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38507 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Rajesh Kumar Paswan S/o Vishambhar Paswan, R/o Village- Ganguar, P.S.-Barachatti, District-Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mrs. Rina Sinha, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

19-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Rail Gaya P.S. Case No. 144 of 2017 registered for the offence punishable under Sections 379, 411 and 414 of the Indian Penal Code. Learned counsel for the petitioner submits that although there is an allegation that this petitioner was apprehended by some of the co-passengers while committing theft but there is no identification of the black purse which has been allegedly recovered from possession of this petitioner.

Learned counsel for the petitioner further submits that in the present case investigation is over, a

Patna High Court Cr.Misc. No.38507 of 2017 (2) dt.19-08-2017 charge-sheet has already been filed and in the facts of the case the petitioner may be enlarged on bail.

Learned Additional Public Prosecutor for the State opposes the prayer of bail of the petitioner but admits the position that there is no identification of the black purse allegedly recovered from possession of the petitioner.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Railway, Gaya, in connection with Rail Gaya P.S. Case No. 144 of 2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure and further condition that one of the bailors must be a family member of the petitioner.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T