Kesi Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.45811 of 2015 (2) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45811 of 2015 Arising Out of PS.Case No. -389 Year- 2012 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Kesi Paswan S/o Late Kishun Paswan resident of village Parora, P.S. K. Nagar in the District -Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2015 Heard both sides.

The petitioner seeks bail in K. Nagar P.S. Case No. 389/2012, registered for the offences punishable under Sections 147, 148, 149, 384, 385, 386, 387, 379, 419, 420 of the Indian Penal Code.

The petitioner and Navin Kumar Mahto are alleged to have gone to the residence of Dr. A. Imam and disclosed that if he did not pay their extortion, the land will be captured by the Adiwasi. Thus, Rs. 5,00,000/- be handed over. On the next day 700-800 persons came and started constructing house on the land. It is submitted that the petitioner has falsely been implicated in this case. The petitioner is in jail since 10.09.2013. Similarly situated co-accused Navin Kumar Mahto @ Navin

Patna High Court Cr.Misc. No.45811 of 2015 (2) dt.01-10-2015 Mahto has already been enlarged on bail vide order dated 20.03.2015 passed in Cr. Misc. No. 10794/2015. The case of the petitioner stands exactly on the same footing. Other accused persons have also been enlarged on bail. The petitioner has already remained in jail for more than two years.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Shachi Mishra, Judicial Magistrate 1st Class, Purnea.

(Prabhat Kumar Jha, J.) Rakhi/- U T