Ram Babu Paswan @ Dhiraj Ji @ Rajat Ji @ Netaji @ Bidhyak Ji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31125 of 2015 Arising Out of PS.Case No. -175 Year- 2013 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================
1. Ram Babu Paswan @ Dhiraj Ji @ Rajat Ji @ Netaji @ Bidhyak Ji Son of Yogendra Paswan Resident of village - Tariyari Chapra, P.S. Tariyari, District - Sheohar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 342, 323, 307, 452, 380, 427 and 302 of the I.P.C, Section 27 of the Arms Act, Section 3⁄4 of the Explosive Substance Act and Section 17 of C.L.A. Act. Allegedly, F.I.R. named accused person along with unknown committed murder of two persons and also blown up the house of Nand Kishore (deceased).
Submission is that the petitioner is not named in the F.I.R. From impugned order it is evident that the petitioner has been remanded in this case from Baikunthpur P.S. Case No. 234 of 2013 on the basis of his confessional statement and he has got criminal antecedent. The petitioner is suffering in custody in this
Patna High Court Cr.Misc. No.31125 of 2015 (3) dt.04-11-2015 2/2 case since 06.01.2015 and similarly situated co-accused Ramayan Rai @ Ramayan Dealer has been allowed bail vide Cr. Misc. No. 48952 of 2014 by order dated 27.03.2015 by another coordinate Bench of this Court and as such the petitioner deserves sympathetic consideration.
The learned A.P.P. fairly submits that charge sheet has already been submitted against the petitioner on the basis of confessional statement.
In the facts and circumstances as stated above, the petitioner 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 C.J.M. Gopalganj in Baikunthpur P.S. Case No. 175 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T