Patna High CourtCR. MISC./5697/2016bail granted

Vikash Paswan v. The State Of Bihar

2016-02-16Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5697 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5697 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Vikash Paswan Son of Ram Bachan Paswan, Resident of villagePurahara, P.S.- Kargahar, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Jha For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kargahar P.S. Case No. 166 of 2015 registered for the offence punishable under Section 395 of the Indian Penal Code.

The petitioner is not named in the FIR, during investigation his name transpired in the confessional statement and then he has been remanded from Kargahar P.S. Case No. 172 of 2015, he is in custody since 16.06.2015 but he has not been put on test identification parade, nothing has been recovered from his possession, only on the basis of confessional statement he is suffering in custody as such he deserves sympathetic consideration to which learned APP after going through the impugned order

Patna High Court Cr.Misc. No.5697 of 2016 (2) dt.16-02-2016 fairly submits that against the petitioner there is only confessional statement.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Rohtas, Sasaram in Sessions Trial No. 627 of 2015 arising out of Kargahar P.S. Case No. 166 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T