Patna High CourtCR. MISC./12326/2018bail granted

Gagan Kumar Paswan @ Gagan Kumar v. The State Of Bihar

2018-04-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12326 of 2018 Arising Out of PS.Case No. -288 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Gagan Kumar Paswan @ Gagan Kumar S/o Dilip Paswan, through his Father and natural guardian, namely, Dilip Paswan, R/o Village- Arma, P.S.- Kajra, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Sri Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 365 of the Indian Penal Code later on Section 302/201 IPC has been added. It is submitted that the petitioner having no criminal antecedent has falsely been implicated in this case on the basis of confessional statement of one of the co-accused namely, Sushant Kumar and on the basis of the said confessional statement he is in custody since 24.08.2017. It is also submitted that other similarly situated co-accused namely, Kiran Devi has been allowed anticipatory bail in Cr. Misc. No. 51857 of 2017. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be

Patna High Court Cr.Misc. No.12326 of 2018 (3) dt.05-04-2018 2/2 released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge 1st, Lakhisarai in Lakhisarai P.S. Case No. 288 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U