Rupesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31186 of 2015 Arising Out of PS.Case No. -313 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Rupesh Kumar Paswan Son of Kaleshwar Paswan resident of village - Chakgasi, P.S. Ahiyapur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 414 of the I.P.C Allegedly, the petitioner was caught with a motorcycle when he tried to flee away by starting the motorcycle and he did not show any paper.

Submission is of false implication and that he has got no criminal antecedent. He has been made victim of the police atrocity. The petitioner has got no concern with the said motorcycle which is alleged to be recovered from the premises of S.K.M.C.H, Muzaffarpur near emergency ward. The police has got recorded the confessional statement of the petitioner after

Patna High Court Cr.Misc. No.31186 of 2015 (3) dt.02-11-2015 2/2 adopting third degree method. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence or absconding and as such the petitioner deserves sympathetic consideration who is suffering in custody since 14.04.2015, to which the learned A.P.P. does not oppose. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Muzaffarpur in Ahiyapur P.S. Case No. 313 of 2015, subject to the conditions that one of the bailors must be a 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) Abhay/- U T