Shashi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14345 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Shashi Paswan son of Shri Raju Paswan, resident of Village Brijpur, P.S. Noor Sarai, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Supplementary affidavit has been filed annexing T.I.P. chart. Let it be kept on record.

Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under section 392 of the Indian Penal Code. Allegedly, in Canara Bank Branch, Sohsarai Chowk, three unknown criminals came with pistol and took away cash of Rs.42,70,250/- and also they took away C.C. T.V. storage. During investigation, the name of the petitioner transpires and he has been put on T.I.P. wherein Munindra Kumar Ranjan identified the petitioner that he has entered into the strong room, but Lalita Devi

Patna High Court Cr.Misc. No.14345 of 2016 (3) dt.17-05-2016 2/2 did not identify him.

Submission is of false implication and that on the basis of single identification, the petitioner is suffering in custody since 28.12.2015, there is no reliable material against him and nothing has been recovered from his conscious possession. The learned A.P.P. opposes the prayer of bail by submitting that on the date of occurrence, the mobile location of the petitioner was at Sohsarai, he has got criminal antecedent also and further he has been identified by one of the witnesses during T.I.P.

In the facts and circumstances stated above, at present, I am not inclined to enlarge the petitioner on bail. Accordingly, his such prayer stands rejected in connection with Sohsarai P.S. Case No.233 of 2015 pending in the court of Additional Chief Judicial Magistrate-III, Biharsharif at Nalanda. (Jitendra Mohan Sharma, J) N.H./- U T