Allowed

Kamal Paswan and Anr. v. The State Of Bihar

Patna HC14 Dec 2018CR. MISC./58738/2018

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to petitioners in a dacoity case under Section 395 IPC. The court accepted the argument that petitioners were not named in the initial FIR and were not put in Tie Parade, despite some evidence emerging in confessional statements and searches.

What did the court decide?

Petitioners directed to be enlarged on bail on furnishing a bond of Rs. 10,000 each with two sureties.

Kamal Paswan and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58738 of 2018

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Arising Out of PS. Case No.-7 Year-2013 Thana- MADANPUR District- Aurangabad

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======================================================

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Kamal Paswan, Son of Chuni Paswan,

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Ramsarup Paswan @ Ram Swarup Paswan, Son of Bhikhari Paswan, Both are residents of Village- Kamaldah, Police StationParaiya and District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Asharaf Ansari ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 14-12-2018

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Heard both sides.

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The petitioners seek bail in Madanpur P.S. case No. 7

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of 2013 registered under Section 395 of the Indian Penal Code.

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The informant lodged the case against 10-12 unknown persons for committing dacoity in his house.

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The learned counsel for the petitioners submits that petitioners are not named in the FIR. For the first time names of the petitioners figured in the case in the confessional statement of Bijli Paswan and in pursuance of confession of Bijli Paswan houses of the petitioners were searched but nothing has been recovered. Thereafter, on the disclosure made by Bijli Paswan motor house of the petitioners was searched and some blankets were recovered but the blankets were not put in T. I. Parade. The

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Patna High Court Cr.Misc. No.58738 of 2018(3) dt.14-12-2018 2/2

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house of one Surayadeo Kumar was also searched and he is said to have disclosed that he sold the articles to Murari Prasad. Kamal Paswan also gave ornaments of gold and silver but no article was recovered from their possession. It is further submitted that petitioners are in jail since 24.06.2018 but they have not been put in T. I. Parade.

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Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the lime amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. case No. 7 of 2013.

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(Prabhat Kumar Jha, J)

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BKS/-

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U T

Kamal Paswan and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kamal Paswan and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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