Sanam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4446 of 2018 Arising Out of PS.Case No. -81 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sanam Paswan S/o Ramesh Paswan, R/o Village- Ijara, P.S.- Sangrampur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 The petitioner seeks bail in anticipation of his arrest in connection with Sangrampur P.S. Case No. 81 of 2015 dated 18.06.2015 instituted for the offences under Sections 392, 412 of the Indian Penal Code.

The motorcycle of the informant was robbed.

Hence, the subject F.I.R. During the course of investigation, one Bhutali Paswan was arrested who disclosed his complicity in the crime and also disclosed the name of the petitioner as one of the co-accused.

Learned counsel for the petitioner has submitted that Bhutali Paswan was tried in the aforesaid case and he was acquitted of the charges. Thus, it has been submitted that but for the petitioner being named by a co-accused, who stands acquitted

Patna High Court Cr.Misc. No.4446 of 2018 (2) dt.01-02-2018 2/2 of the same charge, there is no other material against the petitioner. Earlier, the petitioner was made accused in three other cases of similar nature but he was granted bail in all such cases. It has further been submitted on behalf of the petitioner that merely because the petitioner, in the past has been made accused in the aforesaid cases, he has roped in this case.

For the facts stated above, the petitioner, above named is directed to be released on bail, in the event of his surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bail bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 81 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Ashutosh Kumar, J) Shageer/- U T