Parmeshwar Paswan @ Parmeshwar @ Parmesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30357 of 2021 Arising Out of PS. Case No.-377 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== Parmeshwar Paswan @ Parmeshwar @ Parmesh Kumar aged about 28 years S/O- Late Mevalal Paswan Resient Of Village- Jalilnagar, P.O.- Lalu Chapra, P.S.- Paroo, District- Muzaffarpur ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per the prosecution case, 7/8 unknown miscreants overpowered the informant and his brother on the point of pistol when they were going to Bettiah. Accused persons tied their eyes and snatched their mobile phone, cash and ran away with tobacco loaded vehicle of the informant. Learned counsel for the petitioner submits that the FIR is against unknown and petitioner's name has figured during course of investigation in confessional statement of co-accused Bullu Kumar @ Suraj @ Baba. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. Petitioner is in custody since 28.8.2020 and charge sheet has already been submitted.

Patna High Court CR. MISC. No.30357 of 2021(2) dt.21-08-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and the materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Paro Police Station Case No. 377 of 2019 from the Court of Additional Chief Judicial Magistrate III, West Muzaffarpur on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T