Pankaj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79229 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== PANKAJ PASWAN Son of Bikru Paswan Resident of Village- Madhura North, P.S.- Fulkaha, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.08.2019 in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Subsequently, Section 411 of the I.P.C. was also added vide order dated 24.05.2018, passed by the learned CJM, Araria. It is alleged that the informant's Samsung mobile phone and a motorcycle were robbed by some unknown accused persons, leading to registration of FIR against unknown. The name of the petitioner sprang up on the basis of confessional statement of co-accused, Rupesh Kumar. It is submitted by learned counsel for the petitioner that there is neither any recovery from the possession of the

Patna High Court CR. MISC. No.79229 of 2019(9) dt.11-12-2019 2/2 petitioner nor the petitioner has been put on Test Identification Parade, but only on the basis of confessional statement of coaccused, Rupesh Kumar, he has been dragged in the present case and the investigation has already been concluded. Learned APP for the State submits that the name of the petitioner sprang up in the present case on the basis of confessional statement of co-accused, Rupesh Kumar Considering the fact that neither any recovery has been made from the possession of the petitioner nor the petitioner has been put on Test Identification Parade and the investigation being already concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria, in connection with Forbesganj P.S. Case No.138 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U