Nanki @ Naresh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26167 of 2020 Arising Out of PS. Case No.-668 Year-2019 Thana- DIGHA District- Patna ====================================================== Nanki @ Naresh Paswan, aged about 22 years, male, son of Prabhu Paswan Resident of Village-Patipul, Digha, Police Station-Digha, District-Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party :
Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Digha P.S. Case No. 668 of 2019, for the offence under Section 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been made accused in connection with loot of motorcycle. However, no incriminating material was recovered from possession of the petitioner. He further submits that the petitioner was not named in the FIR and his name surfaced in the confessional statement of co-accused. Petitioner is in custody since 12.02.2020.
Considering the fact that the petitioner was not named in the FIR; his name surfaced in the confessional statement of
Patna High Court CR. MISC. No.26167 of 2020(2) dt.12-10-2020 2/2 co-accused; and no incriminating material was recovered from his possession, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 668 of 2019. Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T