Littu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.14704 of 2016 (3) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14704 of 2016 Arising Out of PS.Case No. -293 Year- 2012 Thana -TEKARI District- GAYA ======================================================

1. Littu Paswan, S/o Late Latan Paswan, resident of Village- Krit Nawada, P.S.- Chandauti, District- Gaya..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Tekari P.S. Case No. 293 of 2012 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, dacoity was committed in the house of informant Manoj Kumar and household articles, gold and silver ornaments, cash, clothes and grains were looted away by unknown miscreants. During investigation the name of the petitioner and other co-accused transpires that they were seen moving near the place of occurrence and further Kamdeo Paswan confessing his guilt also stated the name of the petitioner and accordingly, Raju Paswan and Raj Kumar Paswan have also confessed their guilt. Submission is of false implication and that in this case other co-accused Dwarika Paswan, Kamdeo Paswan, Raju

Patna High Court Cr.Misc. No.14704 of 2016 (3) dt.16-05-2016 Paswan, Raj Kumar Paswan have already been allowed bail by the different Benches of this Court. The petitioner is suffering in custody since 06.01.2016 but he has not been put on test identification parade, nothing has been recovered from his possession and as such he deserves sympathetic consideration to which learned A.P.P. submits that the petitioner is involved in two more cases.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 293 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T