Kapil Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.26914 of 2015 (4) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26914 of 2015 Arising Out of PS.Case No. -13 Year- 2014 Thana -IMAMGANJ District- GAYA ====================================================== KAPIL PASWAN, SON OF PUN PASWAN, RESIDENT OF VILLAGEMAINKA, P.S. IMAMGANJ, DIST- GAYA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Imanganj P.S. Case No. 13 of 2014 registered under Sections 147, 148, 149, 120(B), 121(A), 122, 124(A), 307, 353 of the Indian Penal Code, Sections 25(1-B)a, 26 and 35 of the Arms Act, Sections 3 and 4/5 of the Explosive Substance Act, Sections 13, 16, 18 and 20 of the U.A.P. Act and Section 17 of the C.L.A. Act.

The police official received information to the effect that some Naxalites have come in the forest with a view to commit some serious crime. On search, some articles were recovered from the forest.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.26914 of 2015 (4) dt.07-10-2015 petitioner was not apprehended at the spot and nothing has been recovered from his possession. It is further submitted that coaccused, Ramraj Yadav @ Punjabi Ji, has already been granted privilege of bail by a Bench of this Court vide order dated 05.08.2015 passed in Criminal Misc. No. 28394 of 2015. It is further submitted that petitioner has been made accused in two other cases, but in both cases, he is on bail and in the present case he is in custody since 17.03.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Sherghati, Gaya, in connection with Imamganj P.S. Case No. 13 of 2014. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T