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Patna High CourtCR. MISC./16411/2018bail granted

Kapchi Paswan @ Hira Paswan v. The State Of Bihar

2018-03-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16411 of 2018 Arising Out of PS.Case No. -323 Year- 2014 Thana -BAHERA District- DARBHANGA ======================================================

1. Kapchi Paswan @ Hira Paswan Son of late Suresh Paswan Resident of Village- Lohani, Police Station- Biraul, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act. The FIR of the occurrence of dacoity is against unknown.

Submission is that nothing was recovered from possession of the petitioner during investigation nor the petitioner was ever put on TI Parade. Investigation is already complete. Only material is confessional statement of co-accused, namely, Kisho Paswan while in police custody and criminal antecedent for which the petitioner is in custody since 19.04.2016, as such, sufficiently punished.

Patna High Court Cr.Misc. No.16411 of 2018 (2) dt.22-03-2018 2/2 Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 330 of 2016 arising out of Bahera Police Station Case No. 323 of 2014, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the court below.

(Birendra Kumar, J) Kundan/- U T