Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84032 of 2019 Arising Out of PS. Case No.-515 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

RAKESH PASWAN Son of Jagdeo Paswan Resident of Village - Sirsa Biran, P.S.- Lalganj, District - Vaishali.

2.

Atul Kumar Son of Binod Paswan Resident of Village - Sirsa Biran, P.S.- Lalganj, District - Vaishali.

3.

Dilip Paswan Son of Ramprit Paswan Resident of Village - Sirsa Biran, P.S.- Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 8.9.2019 in a case registered for the offences punishable under Sections 414 of the I.P.C., 1860 and Section 139 of the Bihar Electricity Act.

It is alleged that on 5.9.2019 in the night during patrolling, in a magic van, 13 persons were travelling and on a pick-up van one person was travelling. On seeing the police, all the accused persons started fleeing but some of them were apprehended and from the pick-up van, huge quantity of aluminium electric wire was recovered.

Patna High Court CR. MISC. No.84032 of 2019(2) dt.18-12-2019 2/2 It is submitted by learned counsel for the petitioners that the petitioners were simply passengers of the said intercepted vehicles and they were apprehended only on the basis of suspicion. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the huge quantity of stolen electric wire were recovered.

Considering the fact that the investigation has already been concluded, co-accused Ranjan Kumar has been granted bail vide order dated 11.12.2019 passed in Cr. Misc. No. 82180 of 2019 by a Co-ordinate Bench of this Court and the period in custody, let the petitioners 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 CJM, Vaishali at Hajipur in connection with Mahua P.S. Case No.515 of 2019.

(Dinesh Kumar Singh, J) anil/- U