Nanhak Paswan @ Nanhe vs State Of Bihar on 1 September, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.31893 of 2010
                  NANHAK PASWAN @ NANHE Paswan son of Shawali Paswan
                  Resident of village Hodail, P.S. Makhdumpur, Dist. Jehanabad
                                                                    ...petitioner.
                                                Versus
                  STATE OF BIHAR                               oppositeparty.
                                              -----------

2 01.09.2010 Heard the parties.

In a criminal prosecution registered under sections 395

and 397 of the Indian Penal Code, the petitioner is not named in the

FIR as accused. The FIR has been lodged against 6-7 unknown

miscreants.

It is submitted that no incriminating article has been

recovered either from the house or from the possession of the

petitioner. The petitioner has not been put on T.I.P. till date though he

is in judicial custody since 23.01.2010 It is further submitted that only

material against the petitioner is that he has been named by co-

accused as his accomplice in his alleged confessional statement

recorded by the police. It is also highlighted that co-accused Subhash

Paswan with almost similar allegation has been granted bail by a

Bench of this Court by an order dated 1.2.2010 (vide Annexure-2).

In the aforesaid facts and circumstances, the above named

petitioner is directed to be released on bail on furnishing bail bond of

Rs. 10,000/- (ten thousand) with two sureties of lime amount each to

the satisfaction of Additional Sessions Judge, F.T.C.IV, Jehanabad in

connection with S.Tr. No. 259/2010/65/2010 arising out of

Makhdumpur (Tehta) P.S. Case No. 9/09 subject to the conditions:

(a) That one of the bailors must be Govt. servant or close
2

family member of the petitioner, who will filed an affidavit in the

court below showing his/her relationship with the petitioner.

(b) If the petitioner is found involved in same and similar

nature of cases in future, then in that case the informant/prosecution

shall be at liberty to file a petition for cancellation of the bail of the

petitioner, and if such a petition is filed, the court below would be

obliged to dispose of the same in accordance with law after giving

opportunity of hearing to all concerned.

( Birendra Prasad Verma, J )

M.Rahman