Ayush Kumar @ Bajariya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72960 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- SIGAUDI District- Patna ====================================================== Ayush Kumar @ Bajariya Paswan, Son of Surendra Paswan, R/o- Neari, P.S.- Sigori, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Upadhyay, Advocate.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sigori P.S. Case No. 61 of 2019 registered under Section 392 of the Indian Penal Code.

The accusation is that when the informant being the driver of Hywa truck bearing Registration No.BR-01GP 3956 and Sri Ram Kumar being the driver of Hywa truck bearing Registration No. BR-01GH-0150 loaded with sand reached near Neriya village then saw that other trucks were standing, on which, they also stopped their trucks. In the meantime, 3 to 4 persons came near their vehicles and on the point of pistol, snatched their money. The miscreants also snatched the money from the other truck drivers, who were standing there. Thereafter, they informed the owner of the Hywa trucks then

Patna High Court CR. MISC. No.72960 of 2019(3) dt.05-03-2020 2/2 both owners reached at the place of occurrence with the police. On query, informant and other drivers disclosed the physique of the culprits then Officer-in-charge of Sigri Police Station showed the photographs of some persons on mobile then informant identified one photograph of one culprit then his name was disclosed by the police as Ayush Kumar (petitioner).

Learned counsel for the petitioner submits that while the informant has detailed the physique of the culprits in the Fradbeyan and claimed to be identified the culprits but the petitioner, who is remanded in the present case on 30.06.2019, has not been put on T.I. Parade rather his identification was done by showing the photographs in mobile by the police. It is further submitted that petitioner has no criminal antecedent.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Danapur, in connection with Sigori P.S. Case No. 61 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T