Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13455 of 2024 Arising Out of PS. Case No.-667 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Santosh Paswan Son of Late Darshan Paswan R/o Lauriya Mela Campus, ward no. 5, P.S. - Lauriya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bettiah (Muffasil) P.S. Case No. 667 of 2023 instituted for the offence under Sections 461, 379 & 34 of the Indian Penal Code. 3.

As per prosecution case, petitioner has committed theft of 16-17 bundles of materials from the godown of the informant worth Rs. 15 lakhs.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.13455 of 2024(2) dt.05-03-2024 2/2 case. It is submitted that petitioner is daily wage worker and his 10 days overtime wage was due with the informant and on repeated demand being made, there had been spat between the petitioner and informant. Informant has hatched a conspiracy, in which he himself has sent four packet of clothes to the petitioner's house with the instruction to get the bundles loaded on bus and thereafter, got the same seized just to substantiate the allegation. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah (Muffasil) P.S. Case No. 667 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T