Allowed regular bail to the petitioner, ensuring furnishing of a bail bond with sureties, citing lack of incriminating material and non-conduct of Test Identification Parade.
Enlargement on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19583 of 2021
Arising Out of PS. Case No.-702 Year-2019 Thana- SAHARSA SADAR District- Saharsa
======================================================
SHRAVAN PASWAN Son of Ram Prasad Paswan Resident of Village - Pastwar Ward No. 1, Police Station - Mahishi, District - Saharsa.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 18-11-2021
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, three motorcycle borne unknown miscreants looted informant’s motorcycle and cash Rs.5000 to 6000/-. They also fired on him causing gun shot injury on his shoulder.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Motorcycle in question was recovered from a abandoned place and no incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. He is in custody since 20.12.2019.
Patna High Court CR. MISC. No.19583 of 2021(4) dt.18-11-2021 2/2
Considering the aforesaid facts and circumstances of the case and the period of custody and Test Identification Parade has not been carried out till date and no incriminating material has been recovered from the conscious possession of the petitioner, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Saharsa in Saharsa Sadar Police Station Case No. 702 of 2019.
(Prabhat Kumar Singh, J)
shashi/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving offences under Section 392 IPC and Section 27 Arms Act.
Shравan Paswan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
