Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.676 of 2021 Arising Out of PS. Case No.-354 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== RAJESH PASWAN S/O SITA RAM PASWAN R/O VILLAGE - RANJITPUR, P.S. - PUNAURA, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sitamarhi Police Station Case No. 354 of 2020, registered for the offences punishable under Sections 413/414/34 of the Indian Penal Code and Sections 25(1-B)a/26/27/35 of the Arms Act. The allegation, as per the First Information Report, is that the police intercepted one white-coloured Mahindra Bolero pick-up van in course of patrolling and apprehended two persons along with fire arms and also found that the vehicle in question was stolen one, which was loaded with items relating to railway electrification. The apprehended accused persons disclosed the name of the petitioner as their accomplice.

Patna High Court CR. MISC. No.676 of 2021(2) dt.08-03-2021 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case on the basis of the confessional statement of arrested co-accused persons. He further submits that the petitioner has got no criminal antecedent of similar nature and only two case of Excise Act are pending against him. He further submits that no incriminating and/or stolen articles has been recovered from the possession of the petitioner and he is in custody since 24.09.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 24.09.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in

Patna High Court CR. MISC. No.676 of 2021(2) dt.08-03-2021 3/3 connection with Sitamarhi Police Station Case No. 354 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √