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Patna High CourtCR. MISC./8341/2015rejected

Aazad Paswan @ Bihari Paswan @ Aazad v. The State Of Bihar

2015-07-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8341 of 2015 Arising Out of PS.Case No. -81 Year- 2012 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Aazad Paswan @ Bihari Paswan @ Aazad S/o Shri Madan Paswan, R/o Village - Parbaganda, P.S. - Sikraul, District - Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Rajendra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2015 Heard Mr. Verma learned counsel for the petitioner and Mr. Pandey learned APP for the State.

The petitioner is in custody since 18.09.2014 in connection with Dawath P.S. Case No. 81 of 2012 registered under sections 121-A/386, 387 and 120-B IPC including section 17 of C.L.A. Act.

On getting confidential information the officer-incharge went to the village in question and arrested one Kamal Paswan who while giving his statement named few persons including the petitioner. According to the statement of the arrested person, the petitioner was an active member of the banned Organization called 'MCC' and was trying to expand the area of influence of the Organization.

Patna High Court Cr.Misc. No.8341 of 2015 (3) dt.06-07-2015 2/2 The contention of the petitioner is that his name has been transpired in the confessional statement of the co-accused. No incriminating material is said to have been recovered from his possession. The petitioner was remanded in this case while he was lodged in connection with other cases. Although there is no criminal antecedent of the petitioner but he has either been released or acquitted in those cases.

Learned APP, on the other hand, opposed the prayer and submitted that the petitioner have several criminal cases of serious nature to his credit. In course of investigation, materials have been collected which incriminate him. Charge sheet has already been submitted in this case.

Having regard to the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail at this stage. His prayer is accordingly rejected. He is however granted liberty to renew his prayer for bail before the court below itself after six months.

(Kishore Kumar Mandal, J) HR/- U T