Amit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1950 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Amit Paswan, Son of Rajendra Paswan, Resident of village- Samda, P.S. Sour Bazar, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate.

For the Opposite Party : Mr. S.N.Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Saharsa Sadar P.S. Case No. 15 of 2015, registered under Section 394 & 302 of the Indian Penal Code and Section 27 of Arms Act. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. and in course of investigation, the Police got recorded the confessional statement of co-accused Gaurav Kumar Singh showing the involvement of this petitioner and others, thereafter, Police apprehended the petitioner and his confessional statement was also recorded showing his involvement in the present case, except the confessional statement, there is nothing on the record against the petitioner. Further submission is that informant

Patna High Court Cr.Misc. No.1950 of 2016 (3) dt.04-03-2016 2/2 claimed to identify the accused on seeing again, but petitioner has not been put up on T.I.P as yet, while the petitioner is in custody since 04.04.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 15 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T