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Patna High CourtCR. MISC./2718/2022bail granted

Sonu Kumar Paswan @ Sonu Kumar v. The State Of Bihar

2022-06-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2718 of 2022 Arising Out of PS. Case No.-258 Year-2020 Thana- JOGBANI District- Araria ====================================================== SONU KUMAR PASWAN @ SONU KUMAR Son of Upendra Paswan R/o Village - Madhubani Bazar Adgara Chauk, P.S. - K. Hat, District - Purnea. ... ... Petitioner/s

Versus

The State of Bihar BIhar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard.

The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 258 of 2020, registered for the offence punishable under section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant whereafter they are stated to have snatched a sum of Rs. 2,14,863/- from the informant apart from snatching his Samsung tablet and BIO Metric machine and then they had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody custody since 12.07.2021. The

Patna High Court CR. MISC. No.2718 of 2022(2) dt.09-06-2022 2/3 learned counsel for the petitioner has further submitted that though the petitioner is an accused in three other cases but he is on bail in the said three cases. Lastly it is submitted that neither Test Identification Parade has been conducted nor any looted article has been recovered from the possession of the petitioner or from his house and he has been merely remanded in the present case from one other case in which he was apprehended earlier. It is submitted that the petitioner has no complicity in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the petitioner has been remanded in the present case after he was apprehended in one other case apart from the fact that neither any test identification parade has been held till date nor any looted article has been recovered from the petitioner so as to connect him with the alleged crime, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Patna High Court CR. MISC. No.2718 of 2022(2) dt.09-06-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of A.C.J.M., Forbesganj, Araria in connection with Jogbani P.S. Case No. 258 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T