Chandra Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67900 of 2019 Arising Out of PS. Case No.-99 Year-2011 Thana- GURUA District- Gaya ====================================================== CHANDRA MOHAN PASWAN (M), aged about 35 years, Son of Late Bindeshwar Paswan, Resident of Village - Kamaldah, P.S.- Paraiya, Distt - Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Kumar, Advocate.

For the Opposite Party :

Mr.Umanath Mishra, 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 the informant was sleeping on 30.09.2011 at about 12.30 A.M. after taking meal. In the meantime, 10-12 persons entered in his house and demanded revolver. Few accused persons looted articles, clothes, mobile, money and ornaments and flew away. They also entered in the house of Sundar Chaudhary and also looted the house.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.67900 of 2019(2) dt.05-11-2019 2/2 24.07.2019. 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 another Co-ordinate Bench of this Court vide Cr. Misc. No. 41248 of 2019 under order dated 04.07.2019.

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 S.D.J.M., Sherghati (Gaya), in connection with Gurua P.S. Case No. 99/2011.

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