Patna High CourtCR. MISC./53848/2016bail granted

Rahul Paswan v. The State Of Bihar

2016-12-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53848 of 2016 Arising Out of PS.Case No. -47 Year- 2013 Thana -KHUDWAN District- AURANGABAD ====================================================== Rahul Paswan, Son of Sheopujan Paswan, Resident of village-bhaluyar, P.S. Upahara, District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad. For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 11.08.2016, in connection with Khundwa P.S. Case No. 47 of 2013, registered offences punishable under Sections 1147, 148, 149, 427 and 302 of the Indian Penal Code, Section 27 of Arms Act, Section 3/4 of Dowry Prohibition Act, Section 10/20 of U.A.P. and Section 17 of C.L.A. Act.

It has been submitted on behalf of the petitioner that petitioner is an innocent person and his name transpired in this case only on the basis of confessional statement of co-accused, namely, Vijay Singh, who has already been granted the privilege of bail by another Bench of this Court vide order, dated 04.03.2015, passed in Criminal Miscellaneous No. 3841 of 2015.

Patna High Court Cr.Misc. No.53848 of 2016 (2) dt.15-12-2016 2/2 Nothing has been recovered from the possession of the petitioner and he has been languishing in judicial custody since 11.08.2016. Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, nature of offence, the period of custody and also that other coaccused has already been granted bail by another Bench of this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad (Bihar) in connection with Khundwa P.S. Case No. 47 of 2013.

(Vinod Kumar Sinha, J) sunil/- U T