Bhutta Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28004 of 2018 Arising Out of PS. Case No.-38 Year-2016 Thana- RAJGIR District- Nalanda ====================================================== Bhutta Paswan S/o Kailash Paswan, R/o Vill.- Nakpur, P.S.- Chhabilapur, District- Nalanda.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Sinha, Adv.

For the Opposite Party :

Mr. Smt Pushpa Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in Rajgir P.S. Case No.38 of 2016 for the offences registered under Section 394 of the Indian Penal Code and 27 of the Arms Act. Informant in his written complaint has stated that while returning on 02.03.2016 at about 2:00 P.M. after finishing his CBSE Matriculation paper, he parked his motorcycle when two persons armed with pistol snatched away the motorcycle and also fired upon him from which he sustained injury. The informant claims that he will recognise both the unidentified persons if they are produced before him.

The name of the petitioner surfaced in this case during investigation on the confessional statement made by Arvind Kumar who was apprehended by police in course of investigation but nothing has recovered from the possession of petitioner nor TIP has been held to identify petitioner by the informant. The case was instituted on 2.03.2016 the name of petitioner has transpired in this case on 15.03.2017.

Patna High Court Cr.Misc. No.28004 of 2018(3) dt.22-05-2018 2/2 implicated in one more case but same arise out of same incident being Rajgir P.S. Case No. 54 of 2016 which was registered under the Arms Act.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/ (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned court of A.C.J.M.-IV Nalanda at Biharsharif in P. S. Case No.38 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with further condition that petitioner must cooperate during investigation and also during trial.

(S. Kumar, J) sudip/manoj U T