Nitish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57187 of 2021 Arising Out of PS. Case No.-303 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== NITISH PASWAN Son of Babulal Paswan Resident of Village - Kalyanpur, P.S.- Deepnagar, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 356, 379 and 34 of the Indian Penal Code to which sections 395 and 412 of the Indian Penal Code were added subsequently. As per the prosecution case, two accused persons entered the shop of the informant, entered into an altercation, started to abuse him and took away Rs.70,000/ in cash as also different mobile phones etc. as mentioned in the F.I.R. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial court, it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of co-accused Satish Kumar made before

Patna High Court CR. MISC. No.57187 of 2021(2) dt.05-04-2022 2/2 police which is inadmissible and the said Satish Kumar has been enlarged on bail vide order dated 12.3.2018 passed in Cr. Misc. no.14117 of 2018. The petitioner is in custody since 12.7.2021 and chargesheet has been submitted in the case. The petitioner has not been put on T.I. parade.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, chargesheet having been submitted in the case and grant of bail to coaccused Satish Kumar on whose confessional statement before the police the name of the petitioner transpired, the Court directs the petitioner to be enlarged on bail in connection with Laheri P.S. Case no.303 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif, Nalanda.

(Partha Sarthy, J) Saurabh/- U T