Santosh @ Gogwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55607 of 2016 Arising Out of PS.Case No. -169 Year- 2013 Thana -KOTWALI District- PATNA ====================================================== Santosh @ Gogwa, Son of Late Kailash Paswan, Resident of MohallaKamla Nehru Nagar, P.S.- Kotwali, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pranaya Shanker Sinha, Advocate. For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

It has been submitted that during investigation, the name of the petitioner has come in the confessional statement of one Kunal Paswan.

Learned A.P.P. after looking into the case diary has pointed out paragraphs-2, 3, 6, 7 and 8 wherein the witnesses have merely supported the Fard-beyan which is against unknown. Police have stated in paragraph-31 of the case diary that one Kunal Paswan was apprehended during investigation and he disclosed the name of the petitioner. No Test Identification

Patna High Court Cr.Misc. No.55607 of 2016 (4) dt.30-01-2017 2/2 Parade has been held by the police during investigation. In such circumstances, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Kotwali P.S. Case No. 169 of 2013, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T