Satish Kumar @ Shatish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47393 of 2021 Arising Out of PS. Case No.-1052 Year-2019 Thana- NAGAR District- Vaishali ====================================================== Satish Kumar @ Shatish Paswan S/O Jawahar Bhagat @ Jawahar Paswan R/o village- Panapur Kyam, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Hajipur Town P.S. Case No. 1052 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code.

As per the prosecution case, on 23.11.2019 at 12.35 hours while the informant was working in his office along with other officials, some unknown miscreants having arm barged into the office, confined the informant and others in a room and on the point of pistol, knife looted away gold, cash of Rs. 50,000/- and mobile of staffs.

It is submitted on behalf of the petitioner that petitioner is neither named in the FIR nor any incriminating article has been recovered from his possession. Name of

Patna High Court CR. MISC. No.47393 of 2021(2) dt.22-11-2021 2/2 petitioner has surfaced in this case on the basis of confessional statement of co-accused Nishant Jha. Petitioner has not been put on Test Identification Parade till date. Petitioner is in custody since 28.12.2019.

Learned APP however, vehemently opposed the prayer for bail and submitted that 1864.2 grams of gold has been recovered from possession of this petitioner and petitioner has got criminal antecedent of similar nature.

Considering the facts aforesaid, criminal antecedent and recovery, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T