Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26778 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- PRANPUR District- Katihar ====================================================== BHOLA PASWAN, aged about 25 years, Male, Son of Dinesh Paswan Resident of Village - Durga Sthan Katihar, P.S.- Town (Katihar), Distt - Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pawan Kumar Singh, Advocate.

For the Opposite Party :

Mr.Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 05.11.2018 in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 29.09.2018, employee of informant, namely, Pankaj Kumar Singh, was returning Katihar after collection of Rs. 3,05,000/-. In the way, three miscreants taken away all the belongings, such as one Mobile, Driving License, Adhar Card, Pan Card etc., alongwith the aforesaid cash from his possession.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.26778 of 2019(2) dt.24-04-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come merely on the basis of confessional statement of co-accused. The petitioner has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Katihar, in connection with Pranpur P.S. Case No. 131 of 2018.

(Sudhir Singh, J) U.K./- U T