Rajesh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.44519 of 2016 (2) dt.06-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44519 of 2016 Arising Out of PS.Case No. -27 Year- 2015 Thana -KOTHI District- GAYA ====================================================== Rajesh Paswan S/o Pachkaudi Paswan resident of village Ekamba Bagebar P.S. Kothi Dist. Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Rajesh Paswan, in connection with Kothi Police Station Case No. 27 of 2015, under Section 392 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Arvind Kumar Singh, learned Counsel for the petitioner, and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 18.07.2016 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further

Patna High Court Cr.Misc. No.44519 of 2016 (2) dt.06-10-2016 detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Kothi P.S. Case No. 27 of 2015, Tr. No. 4093 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari,CJ) Prakash/- U T