Dev Kumar Paswan @ Debua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52337 of 2018 Arising Out of PS.Case No. -57 Year- 2015 Thana -ANDHRATHARHI District- MADHUBANI ====================================================== Dev Kumar Paswan @ Debua S/o Prabhu Paswan, R/o Vill.- Ramsalla, P.S.- Sadar, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Andhrathadi P.S.Case No. 57 of 2015 registered for the offences punishable under Sections 396 and 397 of the Indian Penal Code. Allegation as per FIR is that some miscreants came to the house of the informant and committed 'lootpat' and also assaulted husband of the informant by knife.

Submission of learned counsel for the petitioner is that petitioner is in custody since 13.4.2018 and he has been named only on the basis of confession and though he is accused in six other cases but he is on bail on all those cases. Further submission is that other co-accused persons have been granted bail vide order dated 9.11.2015 passed in Cr.Misc.No. 39408 of 2015 and vide

Patna High Court Cr.Misc. No.52337 of 2018 (2) dt.05-10-2018 2/2 order dated 31.1.2018 passed in Cr.Misc.No. 5217 of 2018 by coordinate Bench of this Court (Annexure-2 Series). Heard learned APP also, who has opposed the prayer for bail stating that the case is under Sections 396 and 397 IPC and petitioner is accused in six other cases of similar nature. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. However, he may renew his prayer for bail after framing of charge in this case.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T