Pramukh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41676 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- SUPAUL District- Supaul ====================================================== PRAMUKH PASWAN S/o Dayanand Paswan R/o village- Vaihrari, P.S.- Ghoghardiha, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2022 Heard the parties.
The petitioner has renewed his prayer for regular bail in connection with S.T. No. 281 / 2021 arising out of Supaul PS Case No. 33 of 2021 registered under Section 395 of the IPC and Section 3 / 4 of the Explosive Substance Act inasmuch as earlier bail application of the petitioner vide Cr. Misc. No. 47754 of 2021 was rejected by this court by order dated 22.03.2022. This is 2nd attempt for bail on behalf of the petitioner.
The allegation as per the First Information Report is that 5-6 unknown criminals entered into the house of the informant and committed dacoity on gun point and looted a sum of Rs.100000/- in cash, 200 grams of gold ornaments, 5 Kg silver ornaments etc.
Patna High Court CR. MISC. No.41676 of 2022(3) dt.17-08-2022 2/3 Learned counsel for the petitioner referring to the supplementary affidavit filed before this court in physical mode submits that from perusal of the Annexure - 4 of the supplementary affidavit it would be evident that in a T.I. Parade held on 27.01.2021 the informant did not identify the petitioner. He next submits that a few gold ornaments were allegedly recovered from the house of the petitioner but no T.I. Parade was conducted for the looted articles. The petitioner has got no criminal antecedent and he is in custody since 22/02/2021. Taking into consideration the period of custody of the petitioner, the fact that in the T.I. Parade he was not identified by the informant and the petitioner is having no criminal antecedent, I am inclined to grant regular bail to the petitioner at this stage.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- ( twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-II, Supaul in connection with S.T. No. 281 / 2021 arising out of Supaul PS Case No. 33 of 2021 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive
Patna High Court CR. MISC. No.41676 of 2022(3) dt.17-08-2022 3/3 dates on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J) praful/- U T