Rajesh Ram @ Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26804 of 2016 Arising Out of PS.Case No. -463 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ====================================================== Rajesh Ram @ Rajesh Paswan Son of Surendra Paswan Resident of Village- Amokhar, Police Station Paraiya District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-07-2016 Heard Sri Kamlendra Prasad Singh, learned counsel for the petitioner and Sri Madan Kumar, learned A.P.P. The sole petitioner, who is in custody in connection with Muffasil P.S. Case No. 463 of 2015 registered for the offence under section 302, 379/ 34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that though in the F.I.R. petitioner was arrayed as one of the accused along with number of accused persons, during investigation nothing was collected against the petitioner and thereafter, the petitioner was exonerated by the police and his name was incorporated in column no. 12 of the charge sheet. He has referred to Annexure - 3 to the petition i.e. a photo copy of

Patna High Court Cr.Misc. No.26804 of 2016 (2) dt.12-07-2016 2/2 the charge sheet. It was submitted by learned counsel for the petitioner that though the petitioner was exonerated by the police the learned Chief Judicial Magistrate differing with the police report has taken cognizance of offence.

Keeping in view the fact that petitioner was initially exonerated by the police and he is in custody, there is no reason to further detain the petitioner.

Let the petitioner Rajesh Ram @ Rajesh Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 463 of 2015. (Rakesh Kumar, J) Praful/- U T