Kali Paswan @ Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33301 of 2021 Arising Out of PS. Case No.-689 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Kali Paswan @ Jitendra Paswan Sukhdeo Paswan Resident Of Village - Bari Yusufpur, P.S.- Industrial Area, Hajipur, Distt.- Vaishali, Pin Code- ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 392, 395 and 412 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, while the informant and his associate were returning after withdrawing Rs. 2 lacs from the bank, three miscreants came on motorcycle and snatched away Rs. 1 lac from the informant.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has figured during course of investigation in confessional statement of coaccused Chotu Kumar who has already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 14958 of 2021. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date.

Patna High Court CR. MISC. No.33301 of 2021(2) dt.27-08-2021 2/2 Petitioner is in custody since 18.1.2021. Charge sheet has already been submitted.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on 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, Hajipur, Vaishali in Nagar Thana Hasjipur Police Station Case No. 689 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T