Devlal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42155 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- SUPAUL District- Supaul ====================================================== DEVLAL PASWAN S/o Domi Paswan R/o village- Chikna, Ward No. 5, P.S.- Ghoghardiha, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha For the Opposite Party/s :
Mr. B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2022 Heard Mr. Sanjay Kumar Jha, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State. Petitioner seeks regular bail in connection with Supaul PS Case No. 33 of 2021 registered for the offence under Section 395 of the IPC and Section 3 / 4 of the Explosive Substances Act.
The allegation as per the first information report is that 5-6 unknown criminals entered into the house of the informant and committed dacoity on gun point and looted a sum of Rs. 100000/- in cash, 200 grams of gold ornaments , 5 Kg silver ornaments etc.
Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has transpired on the basis confessional statement made by the co-accused /
Patna High Court CR. MISC. No.42155 of 2021(5) dt.22-03-2022 2/2 Badal Paswan. He further submits that no looted article has been recovered from the possession of the petitioner. On the other hand, learned counsel for the State submits petitioner has given his self inculpatory confessional statement regarding his involvement in dacoity as well as the petitioner has been identified in Test Identification Parade as such, he does not deserve the privilege of bail. Regard being had to the submissions made by the parties and taking into consideration the fact that petitioner has been identified in the Test Identification Parade, as such, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for grant of bail is rejected. (Anil Kumar Sinha, J) praful/- U T