Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14655 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Raja Paswan, Son of Shri Jagarnath Paswan, Resident of Mohalla - Simli, Nawabganj, Domkhana Gali, P.S.- Malsalami, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned 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 Chandramani Devi submitted to the S.H.O., Malsalami P.S. is to the effect that on 18.05.2018 at about 07.00 P.M., the informant got down from the auto near Marufganj Corner, Hanuman Mandir, in the meantime, a miscreant snatched gold chain from her neck, leading to registration of F.I.R., against

Patna High Court CR. MISC. No.14655 of 2019(2) dt.11-03-2019 2/3 unknown person. During investigation, the witnesses namely Md. Wahid @ Kalaiwa and Sonu Kumar @ Sonu Mia stated that they saw the petitioner and co-accused Sunny Kumar running away after snatching the gold chain of the informant. It is further alleged that the petitioner has also confessed that he and co-accused, Sunny Kumar snatched the gold chain of the informant.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious physical possession of the petitioner and the petitioner has maliciously been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is also accused in two other cases apart from the present case, but in both the cases, he is on bail.

Learned APP for the State submits that the name of the petitioner sprang up during investigation on the statement of the witnesses.

Considering the fact the accusation is based on the statement of the witnesses, 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

Patna High Court CR. MISC. No.14655 of 2019(2) dt.11-03-2019 3/3 with Malsalami P.S. Case No.186 of 2018.

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