Patna High CourtCR. MISC./1049/2019dismissed

Phudan Paswan v. The State Of Bihar

2019-03-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1049 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== Phudan Paswan, aged about 35 years, (Male), son of Late Baleshwar Paswan, Resident of Village-Bakhari Supayan P.S.-Rajapakar, Dist.-Vaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha, Adv.

For the Opposite Party/s :

Mr.Md. Ansarul Haque (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rajapakar P.S. Case No. 146 of 2018 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Allegation against petitioner is theft of cash ornaments and clothes from the house of the petitioner while he was sleeping near his dalan. It has been further alleged that on alarm co-villagers came there and saw one Samsung mobile lying near the box. Informant suspected that the mobile belongs to the thief.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court CR. MISC. No.1049 of 2019(4) dt.26-03-2019 2/2 falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 05.09.2018. Considering the fact that mobile which was found at the place of occurrence belongs to wife of petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, after completing one year of the custody, the petitioner would be at liberty to renew his prayer for grant of bail.

(S. Kumar, J) Rajiv/- U T