Patna High CourtCR. MISC./2142/2016bail granted

Sanjay Paswan v. The State Of Bihar

2016-03-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2142 of 2016 Arising Out of PS.Case No. -39 Year- 2014 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Sanjay Paswan S/o Late Nand Lal Paswan, Resident of villageChandpur, Bhangaha, Police Station Jankinagar, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.

Allegedly prisoner Pappu Yadav was killed inside the jail campus by the F.I.R. named accused persons after brutally assaulting him. During investigation, name of the petitioner transpired that he was involved in the occurrence. Submission is of false implication, there is no legal and tangible material against the petitioner, prisoners have not stated the name of the petitioner rather in the supervision report the petitioner has been implicated and accordingly against

Patna High Court Cr.Misc. No.2142 of 2016 (3) dt.11-03-2016 him charge-sheet has been submitted whereas some of the F.I.R. named accused persons have been found innocent and only with a view to save them, the petitioner has been implicated and he suffering in custody since 03.09.2015 deserves sympathetic consideration.

The learned A.P.P. fairly submits that during investigation only it has come that the petitioner was in the Ward at the time of assault on Pappu Yadav.

In the facts and circumstances of the case stated above, the petitioner above named 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 Sri Shashi Bhushan Kumar, Judicial Magistrate, 1st Class, Madhubani in connection with Rajnagar P.S. Case No. 39 of 2014. (Jitendra Mohan Sharma, J) Amin/- U