Patna High CourtCR. MISC./3206/2018bail granted

Sanjay Paswan v. The State Of Bihar

2018-01-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 3206 of 2018 Arising Out of PS.Case No. -180 Year- 2017 Thana -PIRO District- BHOJPUR ====================================================== Sanjay Paswan S/o Late Jag Mohan Paswan, R/o Village- Bharsar, P.S.- Piro, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Ajay Kumar Singh, Advocate For the S t a t e : Mr Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Section 392 of Indian Penal Code.

Submission of petitioner's counsel is that though there is no criminal case pending against the petitioner prior to the instant case, he has been implicated on the basis of confessional statement of co-accused and on his own confessional statement which are inadmissible. No recovery whatsoever was made from the petitioner and he has not been put on test identification parade. He is in custody since 16.08.2017 and after his arrest in this case, he has been remanded in another case which has been mentioned in paragraph 3 of the petition.

Considering the submissions made on behalf of the

Patna High Court Cr.Misc. No.3206 of 2018 (2) dt.18-01-2018 2/2 petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Piro Police Station Case No 180 of 2017 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 will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T