Sarvesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11347 of 2016 Arising Out of PS.Case No. -72 Year- 2012 Thana -BENIPATTI District- MADHUBANI ====================================================== Sarvesh Paswan Son of Shri Satrughan Paswan, resident of villageChhaprar Kamalpur, P.S.- Bahadurpur, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner seeks bail in a case registered under Sections-395 and 397 of the Indian Penal Code, in which, later on Section-412 of the Indian Penal Code was also added. Petitioner is not named in the first information report but it appears from perusal of the impugned order that after the occurrence, three dacoits were caught by the police and public, and one dacoit namely, Kundan Kumar Das disclosed about the participation of petitioner and others in the alleged crime. Subsequently, some other co-accused also disclosed the involvement of the petitioner. After the aforesaid disclosure, the petitioner was remanded in this case and it appears that except the

Patna High Court Cr.Misc. No.11347 of 2016 (2) dt.14-03-2016 aforesaid materials as well as criminal antecedent of near about 7 cases, there is no cogent evidence against the petitioner. Moreover, having more or less similar allegation, one co-accused namely, Pawan Yadav @ Pappu @ Pawan Kumar Yadav has already been granted privilege of bail by this court. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Benipatti P.S. Case No. 72 of 2012 to the satisfaction of learned Chief Judicial Magistrate, Madhubani. (Hemant Kumar Srivastava, J) A.K.V./- U T