Vinay Paswan @ Vijay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11197 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- CHENARI District- Rohtas ====================================================== VINAY PASWAN @ VIJAY PASWAN SON OF KAMLEWASHWAR PASWAN R/O VILLAGE- KHAPRA, P.S.- AKODHI GOLA, DIST.- ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under Section 395 of the Indian Penal Code.
As per the prosecution case, five accused persons are said to have assaulted the driver and of having looted the tractor-cum-trailer loaded with sand besides other articles as mentioned in the FIR.
It is submitted by learned counsel for the petitioner that the FIR was registered against five unknown. The name of the petitioner transpired in the confessional statement of the petitioner himself, however it did not lead to recovery of any incriminating article. Inspite of the informant claiming in the
Patna High Court CR. MISC. No.11197 of 2022(3) dt.19-12-2022 2/2 FIR that he can identify the accused persons on seeing them again, the petitioner has not been put on T.I. Parade although he is in custody since 26.7.2021 and charge-sheet have been submitted in the case Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the materials on record, the submissions made on behalf of the petitioner, the petitioner not having been put on T.I. Parade inspite of being in custody for more than a year since 26.7.2021 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Chenari P.S. Case no. 70 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram. (Partha Sarthy, J) avinash/- U T