Patna High CourtCR. MISC./26477/2018bail granted

Dilkhush Kumar Paswan @ Dilkhush Kumar v. The State Of Bihar

2018-05-24Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.26477 of 2018 (3) dt.24-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26477 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Dilkhush Kumar Paswan @ Dilkhush Kumar, Son of Brahmdev Paswan, resident of village- Ghibaha, Arraha, P.S. Forbesganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 43/2018 registered under Section 392 of the Indian Penal Code.

Four unknown motorcycle borne criminals are said to have looted the mobile and cash of Rs. 1,25,000/- from the informant and cash of Rs. 92,000/- from his companion, namely, Mukesh Yadav.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Though mobile phone has been seized from his possession but the said mobile is not looted one.

Patna High Court Cr.Misc. No.26477 of 2018 (3) dt.24-05-2018 There is nothing on record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused, which has no evidentiary value in the eye of law. There is no eye witness of the occurrence. Petitioner has no criminal antecedent. The petitioner has been languishing in custody since 26.01.2018 and similarly situated co-accused Chandrashekhar Kumar Yadav, Bhima Paswan and Bipin Kumar have been enlarged on bail by different co-ordinate Benches of this Court.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 43/2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T