Patna High CourtCR. MISC./52902/2017bail granted

Krishna Narayan Paswan @ Krishna Narayan Yadav v. The State Of Bihar

2017-12-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52902 of 2017 Arising Out of PS.Case No. -185 Year- 2016 Thana -BABUBARHI District- MADHUBANI ====================================================== Krishna Narayan Paswan @ Krishna Narayan Yadav S/o Mintri Paswan @ Misri Paswan, Resident of Village-Dokhar, P.S.-Kaluahi Dist.-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 18 of 2017, arising out of Babubarhi P.S. Case No. 185 of 2016 dated 08.11.2016 instituted for the offences under Sections 399, 400, 402 and 414 of the Indian Penal Code and under Sections 25(1-B)A & 26/35 of the Arms Act. On secret information that there is an assemblage of accused persons at a particular place for committing dacoity, a raid was conducted and three persons viz. the petitioner, Mukesh Paswan and Dev Kumar Paswan were apprehended. From the possession of the petitioner, a loaded country made firearm was recovered.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.52902 of 2017 (3) dt.06-12-2017 other accused persons of this case viz. Dev Kumar Paswan and one Hadish Nut have been granted bail by different Benches of this Court. He further submits that the cases lodged against him are all because of the machination of the local police. It has been argued that in most of the cases which have been listed in para-3 of the petition, either the petitioner is on bail or has been acquitted after full fledged trial.

The petitioner is in custody since 09.11.2016 and it is submitted that there is no possibility of the trial being concluded in near future.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additonal Sessions Judge-IInd, Madhubani in connection with Sessions Trial No. 18 of 2017, arising out of Babu Barhi P.S. Case No. 185 of 2016.

(Ashutosh Kumar, J) KKSINHA/- U T