Ravindra Paswan @ Rabindra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68301 of 2023 Arising Out of PS. Case No.-1 Year-2016 Thana- MAIGRA District- Gaya ====================================================== Ravindra Paswan @ Rabindra Paswan, Son of Ramoutar Paswan, Resident of Village - Lachnaity, P.S.- Sherghatti, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate Mr. Mukul Jee, Advocate For the Opposite Party/s :
Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending his arrest in connection with Maigra P.S. Case No. 01 of 2016, registered on 11.01.2016 for the offences under Sections 147, 148, 149, 386, 427, 435 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A Act.
3. As per prosecution case, some unknown miscreants set on fire some vehicles and equipments used in construction of road. The name of the petitioner transpired during investigation as one of the accused persons who was also involved in the said occurrence.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68301 of 2023(3) dt.29-02-2024 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case on the basis of confessional statement of co-accused Sanjit Yadav @ Matho. Except for the said confessional statement, there is nothing against the petitioner. Petitioner has been made accused only because he is having criminal antecedent of three cases. Petitioner had been living at Gujarat for earning his livelihood at the time of occurrence.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remoteness of allegation without any substantive material and also considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Class, Sherghati, Gaya/court concerned in connection with Maigra P.S. Case No. 01 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.68301 of 2023(3) dt.29-02-2024 3/3 Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T