Patna High CourtCR. MISC./65506/2018bail granted

Binod Paswan @ Chhotu Paswan v. The State Of Bihar

2019-04-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65506 of 2018 Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai ====================================================== Binod Paswan @ Chhotu Paswan Son of Parmeshwar Paswan Resident of Village-Laxminiya,P.S. Kajara,Distt.-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv For the Opposite Party/s :

Mr.Sri Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147,148,149,302,307 and 427/120B of the Indian Penal Code, Section 27 of Arms Act, Sections 3/4 of Explosive Substance Act, Sections 150,151 & 152 of Railways Act and Sections 16/18(B)/20 U.A.P. Act, 1967.

The FIR of the occurrence of murder is against 100 unknown extremists.

Submission is that there is no direct evidence against the petitioner. Petitioner is in custody since 08.06.2018. The trial has not been yet committed to the court of sessions which would be evident from the report of the learned

Patna High Court CR. MISC. No.65506 of 2018(7) dt.09-04-2019 2/2 Railway Magistrate, Kiul, Lakhisarai dated 18.03.2019. Learned counsel for the informant opposed the prayer for bail only for the reason that the petitioner is carrying criminal antecedent.

Only criminal antecedent cannot be a ground to refuse the prayer unless there is some substantial material against the petitioner, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chanan Police Station Case No.33 of 2013, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T