Raghunath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78902 of 2018 Arising Out of PS. Case No.-61 Year-2015 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Raghunath Paswan S/o Kusheshwar Paswan R/vill-Jawal, P.S-Mahnar,Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Ray, Adv.

For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ram Krishna Nagar P.S. Case No. 61 of 2015 registered for the offences punishable under Sections 363, 365 of the Indian Penal Code.

Informant has alleged that his younger brother Laxmi Kumar, aged about 13 years had gone outside from house at 6 A.M. on 28.03.2015 but since thereafter he went missing and even after search nothing could be known about his whereabouts. The name of petitioner has surfaced in this case at the subsequent stage of investigation where witnesses have alleged that petitioner is also involved in this crime. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case and after the alleged date of

Patna High Court Cr.Misc. No.78902 of 2018(2) dt.16-01-2019 2/2 occurrence on the statement of some witnesses which has no credibility. Chargesheet has already been submitted against him. He has no criminal antecedent and is in custody since 25.07.2017.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna, in connection with Ram Krishna Nagar P.S. Case No. 61 of 2015 corresponding to G.R. No. 1944 of 2015, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T