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Patna High CourtCR. MISC./44705/2023bail granted

Chandan Paswan @ Vicky Raj @ Vicky v. The State Of Bihar

2023-07-25Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44705 of 2023 Arising Out of PS. Case No.-37 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== CHANDAN PASWAN @ VICKY RAJ @ VICKY S/o- VEERA PASWAN Village- paharpur Ps- Baligaon Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Patepur P.S. Case No.37 of 2021 dated 19.02.2021 registered for the offence(s) punishable under Section(s) 392 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to loot but against this petitioner there is no material except his confessional statement and the same has been discussed in the order impugned, though against this petitioner there are criminal antecedents of seven cases but he has got bail in all the said cases and after his arrest the informant has denied to identify this petitioner during Test Identification Parade and the FIR was registered against unknown and he was dragged in this case mainly on the basis of confessional statement of co-accused and

Patna High Court CR. MISC. No.44705 of 2023(2) dt.25-07-2023 2/2 against him the investigation has been completed. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's plea that except the confessional statement of co-accused person there is no any other material against him and in this regard learned counsel for the petitioner has drawn the attention of this Court to the order impugned and the said plea has not been refuted by learned APP also and against the petitioner the investigation has been completed and as per the statement made in Paragraph No.7 of the petition the informant has denied to identify the petitioner during Test Identification Parade and there is no specific allegation against this petitioner, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Patepur P.S. Case No.37 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T