Dimple Paswan @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77027 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- RAJPUR District- Buxar ====================================================== DIMPLE PASWAN @ DEEPAK KUMAR Son of Late Sudama Paswan Resident of Village- Sarana, P.S.- Dinara, District- Rohtas at Sasaram ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Rajpur P.S. Case No. 109 of 2019 registered for the offence punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the FIR and is in custody for more than six months, he has not been put on test identification parade so far. It is further submitted that prior to this case he has one case on his head and after this case he has been made accused in two more cases. It is further submitted that coaccused Shrawan Yadav has been granted regular bail by a learned co-ordinate Bench of this Court in Cr. Misc. No. 79231 of 2019.

Patna High Court CR. MISC. No.77027 of 2019(3) dt.16-01-2020 2/3 Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is not named in the FIR, no test identification parade has been conducted so far despite the petitioner being in custody for more than six months and further that the petitioner had only one case on his head prior to this case but has been brought in two other cases after this case and the co-accused Shrawan Yadav has been granted regular bail by a learned coordinate Bench of this Court in Cr. Misc. No. 79231 of 2019 after noticing that the said petitioner was also accused in two other cases of similar nature, let the petitioner above named be released on bail in connection with Rajpur P.S. Case No. 109 of 2019 on furnishing of bail bond of Rs.

15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Buxar, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.77027 of 2019(3) dt.16-01-2020 3/3 the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T