IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.4577 of 2011
Sanjay Paswan, Son of Late Munsi Lal Paswan, resident of Village-Madhura
(Dakshin), P.S.-Narpatganj, District-Araria. -Petitioner.
VERSUS
The State of Bihar -Opposite Party.
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02 22.02.2011 The petitioner is in custody since 25.08.2010 in relation
to Narpatganj P.S. Case No.114/10 instituted under Section 392 of the
Indian Penal Code.
The informant alleges that on the fateful night while he
was traveling on his motorcycle in the village four persons came and
snatched his motorcycle and rupees two thousand from his pocket. In
the headlight of motorcycle he could identify the four persons which
included the petitioner.
On behalf of the petitioner, it is submitted that the
informant had named one Shankar Paswan as well but later on for
some inexplicable reasons the informant filed a petition before the
C.J.M., Araria that he had been named by mistake. It is on this ground
the learned Sessions Judge, Purnea by order dated 30.11.2010 in
Anticipatory Bail Petition No.869 of 2010 granted indulgence to the
said Shankar Paswan. It is further stated that it is quite surprising that
if the persons were so known to each other why they would commit
such a crime without hiding their identity. It is submitted that the true
fact is that the petitioners were cultivating the lands of informant and
this being the dispute the false case has been cropped up.
In view of the allegations, I am not inclined to interfere
in this matter at this stage. Let the trial be expedited. The trial Court
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would see that the trial is concluded within three months from today as
there would be only a very few prosecution witnesses is to be
examined. If the trial is not concluded within three months from
today, the petitioner would be released on bail by the trail Court,
subject to petitioner cooperating in the trial.
Trivedi/ (Navaniti Prasad Singh, J.)