CR. MISC./42060/2010 of UTTAM PASWAN @ TUNWA and ANR Vs STATE OF BIHAR on 22 December 2010

1. UTTAM PASWAN @ TUNWA, SON OF SHIV KUMAR PASWAN, RESIDENT OF VILLAGE LALKOTHI, P.S. KATIHAR, DISTRICT KATIHAR 2.MD.RAJU, SON OF SANAKUL ANSARI, RESIDENT OF VILLAGE DRIVER TOLA, P.S. KATIHAR, DISTRICT KATIHAR-----------------------PETITIONERS

Versus

STATE OF BIHAR-----------------------------------------------------------OPP.PARTY

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For the petitioners :M/S Bhola Prasad, Tarun Prasad Mandal, Advocates For the State :Mr.Aditya Nr.Singh-1, APP

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2. 22.12.2010

Learned counsel for the petitioners is permitted to correct the name of the Police Station in the prayer portion of the application.

Heard learned counsel for the petitioners and learned Additional P.P. for the State.

The petitioners pray for bail in a case under Section 379 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners were neither apprehended on the spot nor any recovery has been made from their possession but have been falsely implicated in this case on the basis of confession made by co-accused Subhash Kumar @ Gitta who had been caught on the spot by the informant and taken into custody. It is further submitted that the said Subhash Kumar @ Gitta has already been enlarged on bail by order dated 21.12.2010 passed by this Court in Spal/

Cr.Misc.No. 40949 of 2010. It is also submitted that the petitioner No.1 does not have any criminal antecedent except one criminal case relating to family dispute and the petitioner No.2 has clean antecedent.

On a consideration of the facts and circumstances of the case, the petitioners, namely, Uttam Paswan @ Tunwa and Md.Raju are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in Katihar Rail P.S.case No. 55/10.

(Ramesh Kumar Datta,J.)