Basuki Nath Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.22349 of 2016 (2) dt.24-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22349 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Basuki Nath Paswan Son of Late Bujhawan Paswan resident of village Hasanpur Kumhar Toli P.S. Muffasil, District Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sugauli Rail P.S. Case No. 37 of 2015 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code. First Information Report is against 7-8 unknown miscreants for committing dacoity in Jan Nayak Train at Chanpatia Station. During investigation on the basis of confessional statement of Santosh Sah the name of the petitioner transpires which is evident from the impugned order itself and further the petitioner also confessed his guilt accepting that he was also given Rs. 2500/- in share and further the tower location of the mobile of the petitioner was found near the place of occurrence. Submission is of false implication and that nothing was

Patna High Court Cr.Misc. No.22349 of 2016 (2) dt.24-05-2016 recovered from conscious possession of the petitioner, he has not been put on test identification parade and he is in custody since 08.01.2016 and co-accused Santosh Sah has already been allowed bail vide Cr. Misc. No. 20076 of 2016 by another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration.

Learned APP submits that the petitioner is accused in one another case also.

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 learned Railway Magistrate, Bettiah, West Champaran in connection with Sugauli Rail P.S. Case No. 37 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