Pawan Singh @ Kailu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16119 of 2015 Arising out of PS.Case No. -367 Year- 2013 Thana -NAWADA District- NAWADA ====================================================== Pawan Singh @ Kailu, S/o Late Vishundeo Singh, resident of Village Keshauri, Police Station Bakaribarawan in the District of Nawada. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar, Advocate. For the Opposite Party : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 The petitioner is languishing in custody since 16.12.2013 in connection with Sessions Trial No. 124 of 2014, arising out of Town (Kadirganj) P.S. Case No. 363 of 2013 for the offences instituted under Section 395 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 09.07.2013 at 2.30 A.M. when the informant alongwith his villagers returning after participating the Tilak of Narendra Swarnkar by Sawari Vehicle bearing Reg. No. BR27A-2894. It is further alleged that when they reached near Sugar Farm situated at PakaribarawanKadirganj Road, they saw that branch of tree lying on the road, due to which the said road was blocked. He further alleged that

Patna High Court Cr.Misc. No.16119 of 2015 (2) dt.10-06-2015 2 / 3 after stop the vehicle, two miscreants armed with country made pistol came and got surrounded them and some miscreants looted them. According to the informant, all the miscreants bearing Lungi-Ganji and they used local language and after committed loot they fled towards Sugar Farm. According to the informant, the dacoits looted Rs. 160/- from the informant, Rs. 2600/- and a golden chain from Satyendra Kumar, Rs. 800/- and golden locket from Ram Pravesh Prajapati, Rs. 14000/- from Sarfuddin, Rs. 5200/- from Madan Swarnkar, Rs. 2500/- from Dilip Goswami and Rs. 1200/- and mobile from Ramashish Paswan. He further stated that after looted mobile all the mobiles thrown by the miscreants in the bushes thereafter the informant and others searched out their mobiles from the bushes. He further disclosed that during loot police reached there and after seeing police party all the miscreants fled away and he also disclosed that having seen the miscreants he identified them.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. Further it has been submitted that there is no recovery of any indiscriminate article from possession of the petitioner. It has further been submitted that no T.I. Parade has been conducted till date which could indicate the implication of the petitioner.

Patna High Court Cr.Misc. No.16119 of 2015 (2) dt.10-06-2015 3 / 3 On behalf of the State, it has been submitted that the petitioner's name has figured in course of investigation. 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 Adhoc Additional Sessions Judge-II, Nawada, in connection with Sessions Trial No. 124 of 2014, arising out of Town (Kadirganj) P.S. Case No. 367 of 2013.

U.K./- (Sudhir Singh, J) U T