Ramu Kumar @ Ramu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53374 of 2015 Arising Out of PS.Case No. -183 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramu Kumar @ Ramu Paswan, son of Ramprit Paswan, resident of VillageSomgarh, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Meena Singh(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 Chakiya P.S. Case No. 183 of 2012 registered for the offences punishable under Sections 341, 342, 427, 436, 379, 506/34 of the Indian Penal Code and Section 17 of Criminal Law Amendment Act and Section 25(1-a), 26, 27 and 35 of the Arms Act. Allegedly 50-60 unknown miscreants came at the tower and at the point of fire arm, snatched mobile and tied the hands of the informant and further burnt the tower. The miscreants also took away cash of Rs. 700/- from his shirt and went away after making slogan.
Submission is of false implication and that the petitioner is not named, first of all he was made accused in Sahebganj P.S. case no. 175 of 2014 on the basis of confessional statement of co-accused Rambali Paswan wherein, the
Patna High Court Cr.Misc. No.53374 of 2015 (3) dt.15-01-2016 2/2 confessional statement of the petitioner was also got recorded after adopting third degree method and when the petitioner was allowed bail in that case, he has been remanded in four cases without any cogent and legal material, resulting he is suffering in custody since 24.08.2015 whereas, co-accused Naresh Sahni @ Kanha has already been allowed bail vide Cri. Misc. No. 40676 of 2012 by another co-ordiante Bench of this Court to which the learned A.P.P. does not dispute.
In the facts and circumstances stated above, the petitioner, above named, is also 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., East Champaran, Motihari arising out of Chakiya P.S. Case No. 183 of 2012 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 T