Ravikant Paswan @ Golu Kumar @ Golu Paswan @ Ravikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62465 of 2022 Arising Out of PS. Case No.-7 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== RAVIKANT PASWAN @ GOLU KUMAR @ GOLU PASWAN @ RAVIKANT KUMAR, S/o Raja Ram Paswan, R/o Village- Balkhora, P.S.- Amas, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sherghati P.S. Case No. 07 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation in the FIR is that three unknown persons have snatches the informant's belongings including the cash collection amount of Rs. 86,300/-.

Learned counsel for the petitioner submits that the petitioner's implication in this case has been ensured by the police by inserting his name in confessional statement of co-accused Golu Kumar. From Golu Kumar there is alleged recovery of some cash, said to have been looted from the informant. Golu Kumar, however, has been allowed bail in Cr. Misc. No. 33765 of 2020. There is no recovery from the petitioner and he has not been put on test identification parade. Other than antecedents and the inadmissible

Patna High Court CR. MISC. No.62465 of 2022(2) dt.06-02-2023 2/2 statement of co-accused recorded in police custody, there is no cogent material to suggest the petitioner's involvement. He is stated to be in custody since 25.08.2021. Moreover, investigation is also complete.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, the manner of petitioner's implication, claim based on parity and period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released 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, Sherghati, Gaya, in connection with Sherghati P. S. Case No. 07 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T