Patna High CourtCR. MISC./60660/2019bail granted

Chandra Mohan Paswan v. The State Of Bihar

2019-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60660 of 2019 Arising Out of PS. Case No.-519 Year-2016 Thana- GAYA MUFASIL District- Gaya ====================================================== Chandra Mohan Paswan Son of Late Bindeshwar Paswan @ Late Bineshwar Paswan Resident of Village - Kamaldah, P.S.- Paira, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. The FIR of the occurrence of dacoity is against unknown.

Submission is that the petitioner is in custody since 22.06.2019. Investigation of the case is already complete. However, he was never put on Test Identification Parade nor any incriminating article was recovered from the possession of the petitioner. Only material against the petitioner is confessional statement before the police which is no evidence in the eye of law.

Considering the aforesaid facts, let the petitioner,

Patna High Court CR. MISC. No.60660 of 2019(2) dt.01-10-2019 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Gaya Muffasil P.S. Case No.519 of 2016, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T