Megho Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5848 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- PURAINI District- Madhepura ====================================================== Megho Paswan Son Of Ram Chandra Paswan @ Budho Paswan R/O VillageGaneshpur, P.S.- Puraini, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Puraini P.S. Case No. 129 of 2021 registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

As per the allegation, the accused persons riding on a motorcycle dashed their motorcycle against the motorcycle of the informant owing to that the informant fell down and then the accused persons tried to snatch the informant's bag which was protested by the informant and thereafter, the accused persons

Patna High Court CR. MISC. No.5848 of 2022(4) dt.29-08-2022 2/3 fired at the informant and one co-accused Jayjay Sahni was identified by the informant and the other co-accused had his face covered at that time.

The main submissions advanced by the learned counsel Mr. Abhay Shankar Singh for the petitioner are that as per the prosecution, a Splendor motorcycle allegedly used in the crime of the present matter is stated to have been recovered from the house of this petitioner but the said recovery is completely doubtful as the seizure memo to recover motorcycle does not contain the signature of any family member of this petitioner and moreover after the arrest the petitioner was not put on Test Identification Parade and any incriminating material was not recovered from his possession and he has been languishing in jail since 23.09.2021 Learned APP Mr. Brajendra Nath Pandey appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR and the case diary of this case. The present case relates to loot which was committed by the accused persons by using fire-arm and the informant was caused fire-arm injury. During the course of investigation the co-accused Jayjay Sahani who was identified by the informant recorded his statement and revealed the name

Patna High Court CR. MISC. No.5848 of 2022(4) dt.29-08-2022 3/3 of this petitioner and other co-accused persons being involved in the various criminal activities and following that statement the alleged motorcycle which was used in the alleged crime of loot, was recovered from the possession of this petitioner and in this regard the Paragraph No.13 of case diary is relevant. The petitioner has got criminal antecedents of four cases which also relate to loot and theft. Considering the nature of the allegation appearing against the petitioner, in my view petitioner does not deserve to bail. Accordingly, his bail prayer stands rejected. (Shailendra Singh, J.) sangam/- U T