Patna High CourtCR. MISC./26158/2020disposed

Kamlesh Paswan @ Khairu v. The State Of Bihar

2020-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26158 of 2020 Arising Out of PS. Case No.-461 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Kamlesh Paswan @ Khairu (Male), aged about 44 years, Son of Sukhdev Paswan Resident of Village-Karnja Majhanpura, P.S.- Naubatpur, DistrictPatna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sayed Imran Ghani, Advocate For the Opposite Party :

Mr.Navin Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Naubatpur P.S. Case No. 461 of 2019 for the offence under Sections 341, 392, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent and he is in custody since 19.11.2019.

The allegation against the petitioner is that he was involved in loot.

Learned counsel appearing on behalf of the petitioner would submit that co-accused Pappu Kumar @ Pappu Yadav

Patna High Court CR. MISC. No.26158 of 2020(2) dt.12-10-2020 2/2 has been granted by a coordinate Bench of this Court vide order dated 17.03.2020 passed in Cr. Misc. No. 84785 of 2019. Learned counsel appearing on behalf of the State would submit that it would not be appropriate to release the petitioner as his release may adversely affect conduct of the fair election.

In view of the fact that the petitioner is in custody since 19.11.2019, the court of Additional Chief Judicial Magistrate-II, Danapur is directed to release the petitioner on bail on appropriate terms and conditions after result of General Election in the State of Bihar is declared i.e. after 10th November, 2020.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) BT/- U T