Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53409 of 2021 Arising Out of PS. Case No.-453 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== SATISH PASWAN Son of Jawahar Bhagat @ Jawahar Paswan Resident of Village - Panapur Kyam, P.s.- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Bidupur PS Case No. 453 / 2019 registered for the offence punishable under Sections 392 of the I.P.C.

Four unknown miscreants alleged to have snatched the motorcycle and a sum of Rs. 1,09,800/- from the informant on gun point.

Learned counsel for the petitioner submits that petitioner has been made accused in this case on the basis of confessional statement of the co-accused / Mukul Kumar. She next submits that one Rabindra Kumar whose name also transpired in this case on the basis of confessional statement of Mukul Kumar and is similarly situated to the

Patna High Court CR. MISC. No.53409 of 2021(2) dt.12-05-2022 2/3 petitioner has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 30529 / 2021 despite having ten

(10) criminal antecedents. She next submits that no incriminating material has been recovered from the conscious possession of the petitioner , he has not been put on Test Identification Parade and the petitioner is in custody since 24/1/2020.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court , no incriminating and / or looted article has been recovered from the possession of the petitioner , he is in custody since 24 - 1 - 2020 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner. 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 Chief Judicial Magistrate , Vaishali at Hazipur in connection with Bidupur P.S. Case No. 453 / 2019 on the following condition :-

Patna High Court CR. MISC. No.53409 of 2021(2) dt.12-05-2022 3/3 (a) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T