Vinay Paswan @ Binay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43123 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Vinay Paswan @ Binay Paswan Son of Late Rkshya Paswan Resident of village- Jaipur, P.S.- Sherghaty, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate. For the Opposite Party/s : Mr. Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody since 26.07.2016 in connection with Sherghaty P.S. Case No. 65 of 2016 for offences punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. The FIR named accused persons were apprehended by the police with allegation that they were making preparation to commit dacoity. Co-accused disclosed the name of the petitioner as the person who had fled away from the place of occurrence. Submission is that the petitioner is in custody since 26.07.2016. Thereafter the petitioner was never put on Test Identification Parade. There is no other material against the

Patna High Court Cr.Misc. No.43123 of 2016 (3) dt.19-12-2016 2/2 petitioner and the petitioner is already on bail in other cases lodged against the petitioner. Moreover, co-accused Pradeep Chaudhary has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No. 45066 of 2016 on 29.11.2016. Considering the aforesaid facts and circumstances, 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 Additional Chief Judicial Magistrate, Sherghaty, Gaya/Successor Court, in connection with Sherghaty P.S. Case No. 65 of 2016. (Birendra Kumar, J) Prakash/- U T