Lakchhaman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20940 of 2018 Arising Out of PS. Case No. -39 Year- 2016 Thana -CHEWRA District- SEKHPURA ====================================================== Lakchhaman Paswan, son of Sahdev Paswan, resident of Village Sherpur, P.S.- Asthawan, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Ranjan Sinha, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.03.2018 in connection with Chewara P.S. Case No. 39 of 2016 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as he along with 7-8 unknown persons are not named in the first information report. No test identification parade has been conducted for identification of the petitioner nor have any incriminating articles been recovered from his possession. The petitioner has been implicated merely on the extra-judicial confessional statement of co-accused Saurav Kumar and except such statement, there is no other material to connect the petitioner with the alleged offence. The said co-accused Saurav Kumar has been granted bail by the coordinate Bench of this Court in Cr. Misc. No. 36284 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.20940 of 2018 (3) dt.26-04-2018 2/2 of learned Chief Judicial Magistrate, Sheikhpura in connection with Chewara P.S. Case No. 39 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T