Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48744 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Ranjeet Paswan, S/o Nanhki Paswan, resident of Mohalla- Chandwara Sada Godam, P.S. Nagar, Dist.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 37(c) of the Bihar Prohibition and Excise Act, 2016. Five accused persons are said to have congregated at the toddy shop for committing dacoity. Two of them namely Ranjeet Kumar Ram and Vikki Kumar were apprehended while three others managed to escape. From possession of Vikki Kumar, one country made pistol and one live cartridge was recovered. The apprehended accused disclosed the name of the petitioner as one of their fleeing accomplices who had called the accused persons at the aforesaid place for committing the occurrence and he was

Patna High Court Cr.Misc. No.48744 of 2018 (2) dt.09-08-2018 2/2 also armed with weapons.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the aforesaid occurrence or with the seized article. He has been falsely implicated in the case by the apprehended accused due to animosity. Barring the aforesaid disclosure made by the apprehended accused, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 21.01.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Special Judge, Excise Act, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 34 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T