Rajan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31519 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajan Paswan S/o Mushahar Paswan Resident of Village- Katahan, P.S. Muffasil Motihari, District East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akash Kishor, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Motihari Muffasil P.S.Case No. 325 of 2016 registered for the offences punishable under Sections 366A and 506 of the Indian Penal Code.

Petitioner is named in the FIR and the case is under Section 366A IPC.

It has been submitted on behalf of the petitioner that except that petitioner was assisting the main accused Jitendra Paswan there is nothing against him and considering this aspect of the matter one co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr.Misc.No. 18216 of 2017, vide order dated 16.5.2017 and petitioner is in custody for more than ten months.

Heard learned APP also, who has not controverted the above submission.

Patna High Court Cr.Misc. No.31519 of 2017 (2) dt.13-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Motihari, in connection with Posco Trial No. 28 of 2016, arising out of Motihari Muffasil P.S.Case No. 325 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U