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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81031 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== Sanjay Paswan @ Sanjay Kumar Paswan, Son of Matangi Paswan @ Matani Paswan, Resident of Village - Ranti, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Rajnagar P.S. Case No.315 of 2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no recovery from the possession of this petitioner and his name has transpired in the confessional statement of the co-accused.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that

Patna High Court CR. MISC. No.81031 of 2019(2) dt.19-12-2019 2/2 the name of the petitioner has transpired in the confessional statement of the co-accused, there is no recovery from the conscious possession of the petitioner as also that the petitioner is in custody since 09.11.2019 having no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Madhubani in connection with Rajnagar P.S. Case No.315 of 2019 corresponding to G.R. No.2133 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T