Bhulan @ Dindayal @ Suraj Dayal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9707 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== BHULAN @ DINDAYAL @ SURAJ DAYAL PASWAN, SON OF KARDHANI PASWAN, RESIDENT OF VILLAGE - TEJPURA, P.S. - OBRA, DISTRICT - AURANGABAD, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Advocate Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Daudnagar P.S. Case no. 17 of 2023 registered under section 395 of the Indian Penal Code.
3. As per the prosecution case, the informant states that Sarju Paswan and Bharat Paswan who were sleeping in the godown were over-powered by unknown accused persons, locked inside a room and thereafter, the godown was looted of 400 gunny bags containing paddy, rice etc. worth Rs.4.25 lacs.
4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the statement of coaccused Ram Ekwal Ram who has himself been enlarged on bail
Patna High Court CR. MISC. No.9707 of 2024(2) dt.22-02-2024 2/2 vide order dated 31.1.2024 passed in Cr. Misc. no.4448 of 2024. No incriminating article has been recovered from the petitioner's possession. He is in custody since 26.10.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, the name of the petitioner transpiring in the confessional statement of co-accused Ram Ekwal Ram who has himself been enlarged on bail by the above mentioned order together with the petitioner having remained in custody since 26.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Daudnagar P.S. Case no. 17 of 2023, 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 Sub-Divisional Judicial Magistrate, Aurangabad, Bihar. (Partha Sarthy, J) avinash/- U T