Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7396 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Raja Paswan, Son of Jagarnnath Paswan, Resident of Mohalla-Simli, Nawabganj, Domkhana Gali, P.S.- Malsalami, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.07.2018 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case as per the written report of Sanjay Kumar Sinha, submitted to the S.H.O., Malsalami P.S. is to the effect that the petitioner snatched a gold chain from the neck of the mother of the informant, while she was travelling in the car along with the informant. The petitioner was identified

Patna High Court Cr.Misc. No.7396 of 2019(2) dt.08-02-2019 2/3 by the informant and named in the FIR. It is further alleged that the petitioner has also made confession about the alleged occurrence.

It is submitted by learned counsel from the petitioner that there is no recovery from the possession of the petitioner and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that apart from the present case, the petitioner has been made accused in two other cases but he is on bail in both the cases. Learned APP for the State submits that the accusation of snatching is specific against the petitioner and he is named in the FIR.

Considering the period under custody and the fact that the investigation has already been concluded, let the above named petitioner 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 learned A.C.J.M.-IV, Patna City in connection with Malsalami P.S. Case No.262 of 2018. Keeping in view the fact that the petitioner is accused in two other cases of similar nature though, he is on bail in those cases, the learned Court below would be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for two

Patna High Court Cr.Misc. No.7396 of 2019(2) dt.08-02-2019 3/3 consecutive occasions or gets involved in similar nature of offence.

(Dinesh Kumar Singh, J) Deepak/- U T