Jitendra Paswan @ Jitan @ Sipahi Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53891 of 2017 Arising Out of PS.Case No. -229 Year- 2012 Thana -MADANPURA District- AURANGABAD ====================================================== Jitendra Paswan @ Jitan @ Sipahi Paswan son of Late Bishundeo Paswan resident of village - Jakhim, Police Station - Rafiganj, District - Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 Heard the parties.
This application is for grant of regular bail in connection with Madanpur P.S.Cae No.229 2012 for the offences punishable under Section 395 of the Indian Penal Code. Petitioner is not named in the FIR and later on it appears that his name transpired on the basis of confession of the co-accused. It appears that he is accused in five other cases also. Submission of the learned counsel for the petitioner is that except confession there is nothing against the petitioner and now he is in custody for two months and in other cases he is on bail. It has also been submitted that other co-accused persons have already been granted bail, vide order dated 17.3.2017 passed in Cr. Misc. No.8798 of 2016 and dated 25.5.2017 passed in Cr. Misc.
Patna High Court Cr.Misc. No.53891 of 2017 (3) dt.20-11-2017 2/2 No.24402 of 2017.
Heard learned A.P.P. also.
Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, once the charge is framed in this case or he remains in custody for six months, whichever is earlier, the learned trial court shall release the petitioner on bail to his own satisfaction on the undertaking of the petitioner that he will cooperate in disposal of the trial and will appear in each and every date except showing some genuine reason.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T