Santosh Paswan @ Panjabi @ Punjabee @Junjabee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46302 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -BODHGAYA District- GAYA ====================================================== Santosh Paswan @ Panjabi @ Punjabee @ Junjabee, son of Shivnandan Paswan, resident of village- Ratnara, P.S.- Bodh Gaya, District- Gaya, Bihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surendra Kumar Singh, Advocate Mr. S. Hafez Ahmad, Advocate.

Mr. Tulika Singh, Advocate.

For the Opposite Party : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414, 413 and 34 of the Indian Penal Code. It is alleged in the written report that one old idol of goddess Durga was recovered from the house of Ghoonghat Chaudhary. It is further alleged that the son of Ghoonghat Chaudhary namely, Babloo Chaudhary disclosed that the aforesaid idol was given to him by the petitioner and other coaccused Javed Khan. The seizure list has been enclosed along with the written report wherein it is clearly mentioned that the idol was recovered from the house of Ghoonghat Chaudhary. In this manner, the name of the petitioner was disclosed by Babloo

Patna High Court Cr.Misc. No.46302 of 2016 (3) dt.13-01-2017 2/2 in the confessional statement before the police. There is no any overt act alleged against the petitioner. There is no recovery of any incriminating article from the possession of the petitioner. It has been stated that the petitioner is in custody since 30.1.2016. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S. Case No. 34 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner (Sanjay Priya, J) S.Ali/- U T