Niraj Paswan @ Niraj Kumar @ Netwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16198 of 2019 Arising Out of PS. Case No.-723 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== NIRAJ PASWAN @ NIRAJ KUMAR @ NETWA Son of Mohan Paswan Resident of Village - / Mohalla - East Unta , P.s.- Jehanabad, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiw Kumar Prabhakar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 13.9.2018 in a case registered for the offences punishable under Sections 399 and 402 of the I.P.C. and under Sections 25(1-B) a, 26 and 35 of the Arms Act. The prosecution case as per the written report of SI Anil Kumar submitted to the SHO, Jehanabad Town Police Station is to the effect that on 11.9.2018, on secret information that some miscreants are preparing to commit dacoity, raid was laid when five persons including petitioner were apprehended. It is further alleged that from the possession of the petitioner, one loaded pistol and four cartridges were recovered.

Patna High Court CR. MISC. No.16198 of 2019(2) dt.15-03-2019 2/3 It is submitted by learned counsel for the petitioner that the investigation has already been concluded and similarly situated co-accused Ujjwal Paswan has been granted bail by this Court vide order dated 28.2.2019 passed in Cr. Misc. No. 12304 of 2019 and co-accused Ranjan Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated19.2.2019 passed in Cr. Misc. No. 9904 of 2019.

Learned APP submits that recovery has been made from the petitioner.

Considering the fact that investigation has already been concluded, similarly situated co-accused persons have been granted bail and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Jehanabad in connection with Jehanabad P.S. Case No.723 of 2018. In view of the fact that the petitioner is having serious criminal antecedent, the learned Court below will be at liberty to cancel the bail bonds of the petitioner in case he defaults on three consecutive

Patna High Court CR. MISC. No.16198 of 2019(2) dt.15-03-2019 3/3 occasions.

(Dinesh Kumar Singh, J) anil/- U