Doulat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11931 of 2021 Arising Out of PS. Case No.-134 Year-2020 Thana- GOGRI District- Khagaria ====================================================== DOULAT PASWAN S/o Kailash Paswan R/o village- Maheshkhunt (Kanhaiya Tola), P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Gogari P.S. Case no. 134 of 2020 registered against four unknown under section 392 of the Indian Penal Code.

As per allegation in the FIR, while the informant was returning home on his motorcycle, it is stated that four accused persons on two motorcycles overtook him and on the point of weapon forced him to stop. They took away his laptop, mobile phone with two sim cards, etc.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. The material that has transpired in course of investigation has been dealt with by the learned Court below while rejecting the application for bail of the petitioner. The name of the petitioner transpired in the confessional statement of co-accused Sarwan Paswan. No incriminating article has been recovered from the petitioner's

Patna High Court CR. MISC. No.11931 of 2021(2) dt.20-07-2021 2/2 possession. He has not been put on T.I. Parade inspite of being in custody since 5.10.2020. He has no criminal antecedent. Investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner not having been put on T.I. Parade and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Gogari P.S. Case no. 134 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

(Partha Sarthy, J) Prakash/- U