Sarvesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26005 of 2016 Arising Out of PS.Case No. -34 Year- 2014 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Sarvesh Paswan son of Shatrughan Paswan resident of village Chhaprar Hanth, P.S. Bahadurpur, District Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-395, 397 of the Indian Penal Code.

Petitioner is neither named in the first information report nor anything appears to have been recovered from his conscious possession.

No doubt, it is a serious case of bank dacoity but in the present case, except criminal antecedent of the petitioner as well as his confessional statement, there appears to be nothing against him. The investigating officer appears to have mentioned in the case diary that due to fear, the witnesses did not cooperate in test identification parade. Moreover, charge sheet against the petitioner

Patna High Court Cr.Misc. No.26005 of 2016 (3) dt.11-07-2016 2/2 has already been submitted.

Considering the above-said facts and circumstances of the case as well as submission of the parties particularly taking note of the materials, collected against the petitioner in course of investigation, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Benipatti P.S. Case No. 34 of 2014 to the satisfaction of learned Sub Divisional Judicial Magistrate, Benipatti, District-Madhubani. (Hemant Kumar Srivastava, J) A.K.V./- U T