Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10182 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Pappu Paswan, son of Tejo Paswan, resident of Village- Corbadih (Chhapa), Police Station- Jhajha, District- Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar, Advocate. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.12.2015 in connection with Jhajha P.S. Case No. 16 of 2014 for the offences instituted under Sections 147, 148, 149, 341, 342, 323, 324, 326, 333, 307, 353, 395, 120(B) of the IPC and 27 of the Arms Act.

The prosecution case, in short, is that on the alleged date and time of occurrence, the informant Santosh Kumar alongwith other police officials went to raid the house of this petitioner and arrest him but Shivji Paswan, Mithun Paswan, the uncle of this petitioner and other family members of the house of this petitioner started assaulting the informant, snatched the official pistol and

Patna High Court Cr.Misc. No.10182 of 2017 (3) dt.20-04-2017 2/3 mobile phone of the officer-in-charge, Sumit Kumar and made hostage all the police personnel and further tried to snatch the pistol of the informant. However, on arrival of the Dy. S.P. with S.T.F. personnel, they were rescued and after chase, the petitioner and others were caught.

The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 35375 of 2016 dated 24.10.2016 with an observation 'at this stage'.

A report was called for from the court below regarding the stage of the case. It has been reported that the case has been committed to the Court of Sessions.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.12.2015. No specific allegation has been made against the petitioner. General and omnibus allegation has been made against the petitioner. Altogether 20 persons have been named in the F.I.R. There is no allegation of tampering with the witnesses alleged against the petitioner. The other co-accused persons have been granted bail by different coordinate Benches of this Court vide Cr. Misc. Nos. 16479/2014, 17890/2014, 19024/2014, 23640/2014 and 16866/2014. On behalf of learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.10182 of 2017 (3) dt.20-04-2017 3/3 . Considering the aforesaid facts and circumstances, let the petitioner above named 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 the learned Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 16 of 2014.

U.K./- (Sudhir Singh, J) U T