Surajmal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55174 of 2017 Arising Out of PS.Case No. -182 Year- 2013 Thana -NABINAGAR District- AURANGABAD ====================================================== Surajmal Paswan Son of Late Hira Paswan Resident of Village Baghi, P.S. Navinagar, District Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Bachan Jee Ojha, Advocate For the Opposite Party/s : Ms Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard counsel for the petitioner and the State. The petitioner is accused in Nabinagar Police Station Case No 182 of 2013 registered for the offences punishable under Sections 395 of Indian Penal Code.

Counsel for the petitioner submits that the petitioner has been made accused in the instant case only on the basis of confessional statement of other co-accused Sanjay Ram and on the basis of his own confessional statement. It is further submitted that the petitioner is innocent and has committed no offence. Till date, no test identification parade has been conducted and there is no material incriminating the petitioner in this case. As regards the other cases pending against the petitioner, as mentioned in paragraph 3 of the application, it is submitted that in most of the

Patna High Court Cr.Misc. No.55174 of 2017 (2) dt.12-12-2017 2/2 cases, he has been granted bail.

Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Nabinagar Police Station Case No 182 of 2013 subject to the following conditions : (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T