High Court Patna High Court - Orders

Sanjay Paswan vs The State Of Bihar on 22 February, 2011

Patna High Court – Orders
Sanjay Paswan vs The State Of Bihar on 22 February, 2011
             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.
                                     -----------

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.)