Patna High CourtCR. MISC./32897/2016bail granted

Bikru Paswan v. The State Of Bihar

2016-08-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32897 of 2016 Arising Out of PS.Case No. -743 Year- 2014 Thana -FORBESGANJ District- ARARIA ====================================================== Bikru Paswan, son of Late Jharku Paswan, Resident of village- Madhura West, P.S.- Fulkaha, Dist.- Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.01.2016 in connection with Forbesganj P.S. Case No. 743 of 2014 for the offences alleged under Sections 395 and 397 of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Rajendra Paswan. Both the persons were put on test identification parade but could not be identified by the informant. Similarly situated co-accused Rajendra Paswan along with other have been granted bail by this Court. There is no recovery from the possession of the petitioner. It is stated that the petitioner has been granted bail in various cases in which he is accused as enumerated in para-

Patna High Court Cr.Misc. No.32897 of 2016 (2) dt.19-08-2016 3 of the petition.

4. Having regard to the entirety of the 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 like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Araria in connection with Forbesganj P.S. Case No. 743 of 2014 corresponding to Sessions Trial No. 271 of 2016 with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/Chandran U T