Allowed

Rakesh Paswan @ Langatu @ Rakesh Pawan @ Langur v. The State Of Bihar

Patna HC16 Mar 2017CR. MISC./8527/2017

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, who was in custody since November 2016, for offences under Section 395 IPC. The court considered the length of custody and lack of specific allegations of witness tampering before authorizing release on a bail bond.

What did the court decide?

Petitioner granted bail on bond of Rs. 10,000 with two sureties of equal amount.

Rakesh Paswan @ Langatu @ Rakesh Pawan @ Langur Vs The State… — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.8527 of 2017

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Arising Out of PS.Case No. -345 Year- 2016 Thana -GHOSI District- JEHANABAD

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====================================================== RAKESH PASWAN @ LANGATU @ RAKESH PAWAN @ LANGUR, Son of Banke Paswan, resident of Village- Tisoar, P.S.- Ghosi, DistrictJehanabad.

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.... .... Petitioner

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Versus

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The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Arvind Prasad Singh, Advocate. For the Opposite Party : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 16-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is languishing in custody since 30.11.2016 in connection with Ghosi P.S. Case No. 345 of 2016 for the offences instituted under Section 395 of the IPC.

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The prosecution story, in brief, is that on 27/28.11.2016 when the informant was coming from his loaded truck near the Ginji Village at 12.30 P.M., 10-15 persons covered their faces from Gamachha obstructed his truck from cutting tree and looted their mobile and Rs. 10,000/- and mobile of his Khalasi Thereafter, they also looted the other truck and Bolero.

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It has been submitted on behalf of the petitioner that the

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Patna High Court Cr.Misc. No.8527 of 2017 (2) dt.16-03-2017

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2/2

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petitioner is in custody since 30.11.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. He is not named in the FIR nor any incriminating article is said to have been recovered from his possession.

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On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner 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 C.J.M., Jehanabad in connection with Ghosi P.S. Case No. 345 of 2016.

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U.K./U T

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(Sudhir Singh, J)

Rakesh Paswan @ Langatu @ Rakesh Pawan @ Langur v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Paswan @ Langatu @ Rakesh Pawan @ Langur v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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