Patna High CourtCR. MISC./41248/2019bail granted

Kamal Paswan v. The State Of Bihar

2019-07-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41248 of 2019 Arising Out of PS. Case No.-99 Year-2011 Thana- GURUA District- Gaya ====================================================== 1.

Kamal Paswan Son of Late Chunni Paswan 2.

Ramsarup Paswan @ Ram Swaroop Paswan Both are Residents of Village- Kamaldah, Police Station- Paraiya and District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. The FIR of the occurrence of dacoity is against unknown.

Submission is that the petitioners are in custody since 09.01.2019. However, They were never put on Test Identification Parade nor any incriminating article was recovered from their possession. Only material is confessional statement of co-accused before the police. Investigation of the case is already complete.

Patna High Court CR. MISC. No.41248 of 2019(2) dt.04-07-2019 2/2 Considering the aforesaid fact, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Gurua P.S. Case No.99 of 2011, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T