Guddu Paswan @ Pankaj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70270 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- GURARU District- Gaya ====================================================== RAUSHAN KUMAR S/O JAIMANT PASWAN Resident of villageDewniya, P.S.- Barachaty, District Gaya at present resident of village- Kaler, P.S.- Magadh Medical District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8621 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- GURARU District- Gaya ====================================================== Guddu Paswan @ Pankaj Paswan Son Of Ramashray Paswan @ Jitendra Paswan R/O Village- Kusapi, P.S.- Tekari, District- Gaya At Present VillageSadhunagar, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 70270 of 2022) For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 8621 of 2023) For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, on pistol point, three miscreants have looted an amount of Rs. Two lac from the informant.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.70270 of 2022(3) dt.18-04-2023 2/2 that petitioners have been falsely implicated in this case. Neither the petitioners are named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. On the basis of confessional statement made by Guddu Paswan, name of the petitioners have been surfaced in this case, which has no evidentiary value in the eye of law. Petitioners are languishing in judicial custody for more than eight months. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya in connection with Guraru P.S. Case No. 83 of 2022.

(Sunil Kumar Panwar, J) sushma/- U