Niraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34966 of 2018 Arising Out of PS.Case No. -452 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== GULSHAN KUMAR @ GULSHAN KUMAR PASWAN Son of Raj Kumar Paswan, resident of Village- Daulatpur, P.S. Jamui, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36424 of 2018 Arising Out of PS.Case No. -452 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Niraj Paswan, Son of Mebi Paswan, resident of Village- Daulatpur, P.S.- Jamui, District- Jamui.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.34966 of 2018) For the Petitioner/s : Mr. Mukul Jee, Adv. For the Opposite Party/s : Mr. Iftekhar Mahmood, APP (In Cr.Misc. No.36424 of 2018) For the Petitioner/s : Mr. Mukul Jee, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2018 Both the Criminal Miscellaneous applications arising out of the same occurrence and as such they are heard together and are being disposed of by a common order.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Jamui P.S. Case No.

Patna High Court Cr.Misc. No.34966 of 2018 (5) dt.10-09-2018 2/3 452/2017, registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation is that while the informant was returning from bike, four unknown persons armed with weapons boarded on two bikes came and intercepted the informant. The accused persons snatched mobile, purse, A.T.M. Card, Aadhar Card, PAN Card and key of the bike from the informant and fled away with his motorcycle.

Looted Mobile and Motorcycle has been recovered on the basis of confession made by petitioner which shows his complicity and involvement in crime.

He has criminal antecedent also as such, considering the facts aforesaid, I am not inclined to enlarge petitioner Gulshan Kumar on bail. Accordingly, the same is rejected. The petitioner Gulshan Kumar may renew his prayer for bail after remaining one year in custody.

So far as, the case of Niraj Paswan petitioner no. 2 is concerned, his name surfaced in the case on the basis of confessional statement of Gulshan Kumar. Nothing has been recovered from his possession. He is in custody since 23.04.2018. Considering the facts aforesaid, Niraj Paswan, is directed to be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.34966 of 2018 (5) dt.10-09-2018 3/3 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 452/2017. (S. Kumar, J) Vinita/- U T