Deepak Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.55058 of 2015 (2) dt.11-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55058 of 2015 Arising Out of PS.Case No. -177 Year- 2012 Thana -JAKKANPUR District- PATNA ====================================================== DEEPAK PASWAN, SON OF KRISHNA PASWAN, RESIDENT OF GARIKHANA, P.S. KHAGAUL, DISTRICT - PATNA.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR.
.... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate. For the Opposite Party/s : Mr. M.Haque (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Jakkanpur P.S. Case No. 177 of 2012 registered under Section 399 and 402 of the Indian Penal Code and Section 25(1-b)a and 26/35 of the Arms Act.
The accusation is that in course of patrolling duty of the plice, 4 to 5 persons were seen behind the Gumti. On seeing the police party the fleeing away but on chased two persons apprehended, who disclosed their name as Bhola @ Raji and Deepak @ Pagalwa. On search, one country made loaded pistol and two live cartridges were recovered from possession of Bhola @ Raji. On quarry, both disclosed the name of his associates as Arbind Paswan, Hular Paswan and petitioner, Deepak Paswan. Learned counsel for the petitioner submits that, in fact,
Patna High Court Cr.Misc. No.55058 of 2015 (2) dt.11-12-2015 the petitioner was accused in four other cases due to that reason he has falsely been implicated in this case by the police and the prayer for anticipatory bail of the petitioner has also been rejected by the Additional District and Sessions Judge- III, Patna only taking into consideration that four cases has been lodged against the petitioner but in all four cases, petitioner has been acquitted, as detailed in paragraph 3 of the application.
Considering the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Patna, in connection with Jakkanpur P.S. Case No. 177 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Subject to the condition that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T