Sacchu Paswan @ Saryug Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65797 of 2022 Arising Out of PS. Case No.-91 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== Sacchu Paswan @ Saryug Paswan S/O Late Kesho Paswan R/O Village- Bhimalichak, Hathiyara, P.S.- Deokund, Distt- Aurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Haspura P.S. Case No. 91 of 2019 (G.R. No. 602/2019) registered for the offence under Sections 395 & 397 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 07.07.2022.

The allegation against the petitioner is to commit dacoity alongwith other co-accused persons in the house of informant and while committing so fired upon informant and also taken away cash of Rs. 50,000/- alongwith jeweleries made up of gold.

Patna High Court CR. MISC. No.65797 of 2022(2) dt.14-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused persons, in furtherance of which, no incriminating material recovered/surfaced which may connect petitioner with present occurrence of dacoity. It is also pointed out that no TIP was conducted as yet. It is also submitted that similarly situated co-accused person, namely, Kalu Paswan @ Kallu Paswan has already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 29.01.2020 passed in Cr. Misc. No. 70696/2019.

While concluding the argument, it is submitted that petitioner found involved in one case which is related to excise and moreover, investigation of this case has already been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP while opposing the prayer of bail fairly conceded that petitioner is not named in the FIR.

Patna High Court CR. MISC. No.65797 of 2022(2) dt.14-03-2023 3/3 above named, is directed to be released on bail in connection with Haspura P.S. Case No. 91 of 2019 (G.R. No. 602/2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Daudnagar, Aurangabad (Bihar)/concerned Court, subject to the conditions as mentioned under Section 437

(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T