Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39029 of 2018 Arising Out of PS.Case No. -11 Year- 2015 Thana -SALAIYA District- AURANGABAD ======================================================

1. Upendra Paswan, Son of Late Ramjatan Paswan, Resident of VillageKaj, Kurtiya Taand, P.S.- Gurua, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been made accused in this case only on the basis of disclosure of his name in the confessional statement of a coaccused Dinesh Choudhary, except that there is no other material against him, neither any incriminating material was seized from his possession nor he was put on TIP. Petitioner is in custody since 05.02.2018. Investigation of the case is already complete. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.39029 of 2018 (4) dt.31-07-2018 P2/ 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 Salaiya P.S. Case No.11 of 2015, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T