Rabindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52999 of 2016 Arising Out of PS.Case No. -192 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Rabindra Paswan, Son of Late Gulab Chand Paswan, Resident of VillageMathuri Tola, P.S. Dehri (Town), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Tiwary, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.07.2016 in connection with Dehri (T) P.S. Case No. 192/15 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. The prosecution case is that the informant's elder brother Sabit Yadav was threatened by two accused persons Jitan Paswan and Chandan Paswan and on the alleged date of occurrence the informant has seen the petitioner and other F.I.R. named accused persons fleeing away from the place of occurrence. It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and except

Patna High Court Cr.Misc. No.52999 of 2016 (2) dt.20-12-2016 2/2 the allegation of fleeing away, there is no other specific allegation or material against him. It is submitted that charge-sheet has already been submitted and another co-accused, who was seen fleeing away along with the petitioner, has since been granted the privilege of bail by a Coordinate Bench of this court in Cr. Misc. No. 12244 of 2016 on 29.03.2016.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge sheet has already been submitted and another co-accused on similar allegation has since been granted the privilege of bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Dehri (T) P.S. Case No. 192/15. (Nilu Agrawal, J.) Rajesh/- U T