Bipin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6385 of 2017 Arising Out of PS.Case No. -503 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Bipin Paswan, Son of Gonu Paswan, Resident of Village-Belmohan, P.S. Phulparas, District-Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

The Petitioner is languishing in custody since 12.07.2016 in connection with Darbhanga Sadar P.S. Case No 503 of 2015 for offences punishable under Section 395 of the Indian Penal Code.

The prosecution case is that in the night of 15.10.2015, 4-5 miscreants committed dacoity in the house of informant and looted away house hold articles and ornaments and they also assaulted the family members of the informant. It has been submitted by the learned counsel for the petitioner that he is innocent and has committed no offence and he is not named in the F.I.R. He further submits that nothing has been recovered from his possession and it is only on the basis of confessional statement of co-accused Badal Paswan, who confessed his guilt and

Patna High Court Cr.Misc. No.6385 of 2017 (2) dt.03-03-2017 2/2 and named the petitioner that the petitioner has been made accused. It is further submitted that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It is submitted on behalf of the petitioner that the said accused has been granted privilege of bail by the learned Court below itself.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and that the charge sheet has already been submitted let the petitioner, above named, be enlarged 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, Darbhanga in connection with Darbhangha Sadar P. S. Case No. 503 of 2015, subject to the condition that the petitioner is directed to appear before the police/ Court on each and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Sudha/- U T