Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20691 of 2024 Arising Out of PS. Case No.-345 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Rakesh Paswan S/o Mintu Paswan R/O Bhiri Ward No-14 Ps Bibhutipur District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarjeet Choudhary, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 345 of 2023 instituted for the offence under Sections 385 & 386 of the Indian Penal Code. 3.

As per the prosecution case, when the informant was marking attendance in the class room, petitioner entered into the class armed with pistol and inquired about the whereabouts of Mahesh Master and threatened to kill her. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-06-2023s. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.20691 of 2024(2) dt.20-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that as per the allegation levelled in the FIR, there is no ingredient of Section 386 of the IPC against the petitioner. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bibhutipur P.S. Case No. 345 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- T T