Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59029 of 2018 Arising Out of PS.Case No. -205 Year- 2013 Thana -MADHUBAN District- EASTCHAMPARAN (MOTIHARI) ====================================================== Mahesh Paswan S/o Fudi Paswan, R/o Village- Lohargawa, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Madhuban Police Station Case No. 205 of 2013 registered for offence punishable under section 395 of the Indian Penal Code. The case has been registered against 20-25 unknown persons for robbery in the house of informant. It has been submitted that the petitioner is not named in FIR. The name of this petitioner transpired in confessional statement of co-accuseds Baijnath Sahni and Ram Balak Sahni. Out of them, Baijnath Sahni has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 12241 of 2015. Further submission is that the petitioner has neither been put on

Patna High Court Cr.Misc. No.59029 of 2018 (2) dt.08-10-2018 2/2 T.I.P. nor any incriminating material has been recovered from his possession and he is in custody since 23.04.2018. The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, East Champaran, Motihari in connection with Madhuban Police Station Case No.205 of 2013, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T