Dablu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5322 of 2022 Arising Out of PS. Case No.-77 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Dablu Paswan Son Of Late Baudhi Paswan @ Baudh Narayan Paswan R/O Village- Sardarpur, P.S.- Nathnagar (Madhusudanpur), District- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard both parties.
The petitioner seeks bail in Habibpur P.S. Case No. 77 of 2017, registered for the offence punishable under Section 395 of the Indian Penal Code.
As per the FIR, on the alleged date and time of occurrence, while the informant was going by his truck and reached near main road, Daudvat, one white colour Sumo Victa car came in which six persons were seated, out of which three persons got down and one person on the point of weapon pulled down the informant inside the car. Thereafter accused persons took him in an orchard and tied his hands and legs. It is further alleged that they looted his truck and in the said truck there was his mobile, ATM card and other valuable documents. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.5322 of 2022(2) dt.04-04-2022 2/2 petitioner is not named in the FIR. Name of this petitioner has surfaced in this case on the basis of confessional statement of co-accused Suraj Kumar. No looted article has been recovered from possession of this petitioner. Petitioner has not been put on test identification parade till date though the informant as per the FIR claims that he can identify the accused persons, if shown. Petitioner is in custody since 18.06.2021. Investigation is complete.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate XIIth, Bhagalpur in connection with Habibpur P.S. Case No. 77 of 2017. (Prabhat Kumar Singh, J) vinita/- U T