Bikku Paswan @ Birendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46024 of 2018 Arising Out of PS.Case No. -132 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== BIKKU PASWAN @ BIRENDRA PASWAN, Son of Late Munshi Paswan, Resident of Village- Feku Bigha, P.S.- Arwal, District- Arwal. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 16.01.2018 in connection with Karpi P.S. Case No. 132 of 2016 for the offence registered under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the case is against unknown persons but subsequently, on the basis of the confessional statement made before the police by one Ajay Kumar @ Sharwan @ Chhotu, the petitioner has been implicated in connection with the present case. It is further submitted that the confessional statement made before the police has no evidentiary value and the said co-accused has already been granted bail by this Court vide order dated 21.08.2017 passed in Cr. Misc. No. 38666 of 2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 132 of 2016, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial (3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to

move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T