Rajendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53338 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Rajendra Paswan S/o Late Hoki Paswan Resident of Village- Madhura, P.s. Narpatganj, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Farbesganj (Simraha) P.S. Case No. 118 of 2015 registered for the offences punishable under Sections 395 & 397 of the Indian Penal Code. Allegedly 15 to 20 unknown miscreants committed dacoity in the house of the informant, after assaulting the family members and also after exploding five bombs, took away cash, ornaments, mobile and clothes. During investigation, on the basis of the information furnished by spy, the name of the petitioner transpired and accordingly, he was arrested and he confessed his guilt.

Submission is of false implication and that the petitioner has not been put on TIP though he is in custody since 16.06.2015, nothing has been recovered from possession of the

Patna High Court Cr.Misc. No.53338 of 2015 (3) dt.15-01-2016 2/2 petitioner and the petitioner has been made victim of police atrocity as he is being implicated regularly in one case after another and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent but fairly submits that besides confession, there is no other material against the petitioner.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Araria arising out of Farbesganj (Simraha) P.S. Case No. 118 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U