Patna High CourtCR. MISC./4912/2015bail granted

Gupteshwar Paswan @ Budha Paswan v. The State Of Bihar

2015-02-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4912 of 2015 ======================================================

1. Gupteshwar Paswan @ Budha Paswan S/O Dilkeshwar Paswan Resident of vill-Bharukh,P.S-Obra,Distt.-Aurangabad,(Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioner seeks bail in Daudnagar P.S.

Case No. 213 of 2014 registered under section 394 of the Indian Penal Code.

The first information report is against unknown. It appears that Kamta Singh, Rajendra Siongh, Gupteshwar Paswan and Brij Bahadur Singh were arrested and they confessed their guilt. The name of the petitioner figured in the case in the confessional statement of co-accused. The petitioner was also apprehended and the police got the confessional statement of petitioner and on such pistol, live cartridges and Rs. 15000/- was recovered.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.4912 of 2015 (2) dt.06-02-2015 2/2 there is no connection of looted money with the recovered money. Money was recovered from the house of the petitioner after 25 days of the occurrence. Except the confessional statement of coaccused, the police did not collect any tangible evidence to show the involvement of the petitioner in the alleged crime. The petitioner has not been put on T.I.P. although he is in jail since 29.08.2014.

Considering the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Daudnagar Aurangabad in Daudnagar P.S. Case No. 213 of 2014. (Prabhat Kumar Jha, J) M.Rahman/- U T