Rinku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48550 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -KINJAR District- JEHANABAD ====================================================== Rinku Paswan Son of Sri Surendra Paswan resident of village - Ahiyapur (Bhupat Bigha ), P.S. Arwal, District - Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rohit Mishra For the Opposite Party/s : Mr. Md. Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The counsel for the petitioner is permitted to make necessary correction in paragraph 8 of this petition. In this case, the petitioner is seeking bail in connection with Kinjar P.S. Case No. 10/2015 registered for offences under sections 13 of the Unlawful Activity Prevention Act.

From the first information report it appears that unknown persons have handed over leaflet of extremists group to the informant, demanding ransom of Rs. 3,00,000/- (three lakhs), giving threatening of dire consequences in the event of nonpayment of the same. The counsel for the petitioner submits that the name of the petitioner has surfaced on account of confessional statement

Patna High Court Cr.Misc. No.48550 of 2015 (2) dt.03-11-2015 2/2 and no material has been recovered from his possession, so much so that two persons, namely, Vicky Paswan @ Chitranjan Paswan and Rakesh Paswan were co-accused, have already been granted bail by this Court in Cr. Misc. No. 43136 of 2015. The petitioner is in custody since 9th April 2015.

Looking to the period of custody and the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kinjar P.S. Case No. 10/2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Mahesh/- U T