Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67315 of 2019 Arising Out of PS. Case No.-23 Year-2015 Thana- TANDWA District- Aurangabad ====================================================== MUKESH PASWAN, aged about 28 years (Male), Son of Brijmohan Paswan, Resident of Village- Banahi (Biashrampur), P.S.- Pipra, District- Palamu (Jharkhand).

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bachan Jee Ojha, Advocate.

For the Opposite Party :

Mrs.Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 395 of the IPC.

The prosecution story, in brief, is that on 01.06.2015 at about 1.00 P.M., five unknown miscreants entered into the Punjab National Bank, Tandwa Branch, Aurangabad and committed dacoity. They also assaulted to Raghvendra Kumar, Cashier of the Bank and looted Rs. 11,58,347/- in cash. They also took away with them Modem, Hard Disk of the CCTV and D.V.R. They also snatched Samsung Handset, Purse and golden chain of one Mukesh Kumar Singh, employee of the Bank. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.67315 of 2019(2) dt.05-11-2019 2/2 23.04.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. He has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. Other coaccused has been granted bail by the then Co-ordinate Bench of this Court vide Cr. Misc. No. 47482 of 2015 under order dated 07.12.2015.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, in connection with Tandwa P.S. Case No. 23 of 2015.

(Sudhir Singh, J) U.K./- U T