Pintu Paswan @ Karu @ Karu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.11507 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11507 of 2016 Arising Out of PS.Case No. -592 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ====================================================== Pintu Paswan @ Karu @ Karu Paswan Son of Hemraj Paswan Resident of village - Etawa, P.S. Fatehpur, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Rakesh Kumar Sharma, Adv.

For the Opposite Party/s : Mr. App ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nawada P.S. Case No. 592 of 2014 registered for the offences punishable under Sections 395, 412, 120B of the Indian Penal Code. Allegedly, in Mannapuram Gold Loan Branch, Civil Lines, Ara Ltd, a dacoity was committed wherein six miscreants entered into the Branch and out of them two were having pistol and in dacoity 14.980 Kgs gold and Rs. 2,28,500/- in cash were looted away. During investigation, the name of the petitioner transpires in the confessional statement of co-accused . Submission is of false implication and that the petitioner is in custody since 11.01.2016 but he has not been put on Test Identification Parade, nothing has been recovered from the conscious possession of the petitioner, other similarly situated co-

Patna High Court Cr.Misc. No.11507 of 2016 (3) dt.29-04-2016 accused namely, Manoj Paswan, Rajesh Mistry, Madhurendra Kumar Singh, Deepak Kumar Singh, Sanjay Paswan and others have already been allowed bail by different benches of this Court but Munna Sao @ Munna Sah was identified in Test identification parade by the informant and two witnesses and as such his prayer for bail was refused.

Learned APP submits that except Munna Sah, others coaccused have been allowed bail. In the facts and circumstances stated above, 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 leaned Chief Judicial Magistrate, Bhojpur at Ara in connection with Nawada P.S. Case No. 592 of 2014, 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) Prakash/- U T