Munna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9592 of 2017 Arising Out of PS.Case No. -495 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Munna Paswan, Son of Priwat Paswan, Resident of Village- Bhawani Nagar, Paswan Tola, Ward No. 13, P.S.- Saharsa, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection with Saur Bazar P.S. Case No. 495 of 2016 registered under Section 395 of the Indian Penal Code.
It is submitted that petitioner is not named in the written report. His name has been taken by the co-accused Kaushal Yadav during investigation, who was apprehended with some looted articles. No Test Identification Parade has been held. From the impugned order it appears that the name of this petitioner has come in paragraph 64 of the case diary in the confessional statement of Kaushal Yadav. It appears from the impugned order that there is no any allegation of overt act
Patna High Court Cr.Misc. No.9592 of 2017 (2) dt.12-04-2017 2/2 against this petitioner and no looted article has been recovered. In paragraph 3 of the application, it is mentioned that petitioner has no criminal antecedent. Petitioner is in custody since 24.12.2016.
Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 495 of 2016 with condition that both the bailors must be close relative of the petitioner. (Sanjay Priya, J) Manish/- U T