Amar Paswan @ Amar Hazra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25374 of 2017 Arising Out of PS.Case No. -64 Year- 2014 Thana -CHANDAN District- BANKA ====================================================== Amar Paswan @ Amar Hazra Son of Mahadeo Paswan, Resident of Village- Ambatari, police Statio- Baunshi/Bandhua Kurwa, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Neelam Kumari, Adv. For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is seeking regular bail in connection with Chandan (Anandpur O.P.) P.S. Case No. 64 of 2014 registered for the offences punishable under sections 395, 397 and 412 of the Indian Penal Code.

As per the prosecution case, the accused persons entered into the house of the informant in the night and assaulted the informant and his family members and looted the articles and ornaments. On chase, one of the accused, namely, Katki Yadav was apprehended along with one loaded country-made pistol at the spot.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.25374 of 2017 (3) dt.21-06-2017 2/2 petitioner that the petitioner is quite innocent and he is not named in the First Information Report and has falsely been implicated in the present case. It is further submitted that nothing incriminating articles has been recovered from the conscious possession of the petitioner and there is nothing in the case diary indicating the complicity of the petitioner in the aforesaid offence. The petitioner's name transpired in the confessional statement of coaccused, namely, Katki Yadav and Purushottam Paswan. Purushottam Paswan has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 45505 of 2014 on 4.2.2015. Though several cases as mentioned in paragraph 3 of this bail application, have been lodged against the petitioner, but he has been enlarged on bail in all the cases except one case i.e. Bandhkurwan P.S. Case No. 02 of 2016. The petitioner is in custody since 28.10.2016.

Considering the facts aforesaid, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur O.P.) P.S. Case No. 64 of 2014. Mahesh/- (Prakash Chandra Jaiswal, J) U T