Rabindra Paswan @ D. G. M @ Rabindra Paswan And Dgm v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76152 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- KUTUMBA District- Aurangabad ====================================================== RABINDRA PASWAN @ D. G. M @ RABINDRA PASWAN & DGM Son Of Rakshaya Ram Resident of Village-Banahi, P.S.-haidar Nagar, District Palamu (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kutumba P.S. Case No. 182 of 2017 registered for the offence punishable under Sections 170, 171, 212 of the Indian Penal Code and 25(1-B)a, 26, 35 of the Arms Act and Section 17 of the C.L.A. Act. Informant who is Assistant Sub Inspector of Police has alleged that on secret information he raided the house of Satendra Yadav and Arvind Ram and arrested one person namely Manish Kumar and from his possession arms, cartridges and military uniform were recovered. The said arrested person Manish Kumar in his confession named 16 persons including the petitioner.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.76152 of 2018(2) dt.20-12-2018 2/3 he is innocent and has been falsely implicated in this case on suspicion. It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Manish Kumar. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 10.12.2018 in Criminal Miscellaneous No. 73046 of 2018. Petitioner has got no criminal antecedent and is in custody since 12.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Aurangabad, in connection with Kutumba P.S. Case No. 182 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court Cr.Misc. No.76152 of 2018(2) dt.20-12-2018 3/3 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U