Kailash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22471 of 2019 Arising Out of PS. Case No.-167 Year-2008 Thana- BHAGWANPUR District- Begusarai ====================================================== KAILASH PASWAN Son of Neman Paswan Resident of Village- Narharipur, P.S.- Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Bhagwanpur P.S. Case No. 167 of 2008, instituted for the offence under Section(s) 121(A) of the Indian Penal Code read with Section 25(1-b)A, 26, 25 of the Arms Act, Sections 17, 18 of C.L.A. Act and Section 10 of Unlawful Activity Act.
It is alleged in the written report that informant received confidential information that Maoist group are holding meeting at Narharipure orchard. The informant along with other police personnel reached there. On seeing the police party, the miscreants started running away. Out of them two persons were apprehended by the police on chase, who disclosed their names as Ripusadan Rai and Gholat Rai @
Patna High Court CR. MISC. No.22471 of 2019(5) dt.11-07-2019 2/3 Jitendra Rai. They disclosed the name of persons fled away as Pankaj Tanti, Ram Das Tanti, Laxmi Das Laxmi Tanti and Gongu Tanti. On search, Maovadi Parcha has been recovered from their possession. On the disclosure made by co-accused Ripusudan Rai, one gun, one country made rifle, and one double barrel gun have been recovered from the bush situated at the south of the orchard.
Counsel for the petitioner submits that petitioner is not named in the written report. His name has come in the confessional statement of apprehended co-accused Ripu Sudan and Gholat Rai @ Jitendra Rai. He further submits that there is no recovery of any incriminating article from possession of the petitioner.
Petitioner is in custody since 28.9.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Additional Chief Judicial Magistrate, Teghra, Begusarai, in connection with Bhagwanpur P.S. Case No. 167 of 2008, subject to the
Patna High Court CR. MISC. No.22471 of 2019(5) dt.11-07-2019 3/3 condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T