High Court Jharkhand High Court

Birendra Paswan @ Chotta Birendra vs State Of Jharkhand on 9 June, 2011

Jharkhand High Court
Birendra Paswan @ Chotta Birendra vs State Of Jharkhand on 9 June, 2011
             IN THE HIGH COURT OF JHARKHAND AT RANCHI.
                             B.A. No. 3612 of 2011
                                           ...
             Birendra Paswan @ Chotta Birendra                  ...      ...      Petitioner
                                   -V e r s u s-
             The State of Jharkhand                             ...      Opposite Party.
                                           ...
CORAM: - HON'BLE MR. JUSTICE H.C. MISHRA
                                           ...
             For the Petitioner            : - Mr. Anil Kumar, Advocate.
             For the State                 : - A.P.P.
                                           ...
2/09.06.2011

Heard learned counsel for the petitioner and learned counsel for
the State.

Petitioner has been made accused in connection with Pandwa
P.S. Case No. 04 of 2010 for the offence under Sections 395 and 412 of the
Indian Penal Code, which relates to commission of dacoity on a truck loaded
with 66 gunny bags containing rice.

The case was instituted against the unknown.
Learned counsel for the petitioner has submitted that the
petitioner has been falsely implicated in this case merely on the basis of the
confessional statement of the co-accused, Ishwari Paswan and has accordingly,
prayed for bail.

Learned counsel for the State opposes the prayer for bail of the
petitioner.

From the impugned order also, it appears that the petitioner has
been made accused only on the basis of the confessional statement of the co-
accused.

In the facts of this case, I am inclined to release the petitioner on
bail. Accordingly, the petitioner, Birendra Paswan @ Chotta Birendra is
directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten thousand) with two sureties of like amount each to the satisfaction of
learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with
Pandwa P.S. Case No. 04 of 2010 corresponding to G.R. No. 237 of 2010.

(H.C. Mishra, J.)

APK