Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8582 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- KARPI District- Jehanabad ====================================================== RAJESH PASWAN Son of Lal Mohan Paswan @ Lal Mohan Ram Resident of Village- Nagayan, P.S.- Goh, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 of the Indian Penal Code.
As per FIR, the informant alleged that on alleged date of occurrence, five unknown miscreants entered in the Punjab National Bank, Belkhari and looted Rs. 2,63,300/- from strong room on pistol point. Thereafter, they again looted cash of Rs. 8,63,413/- from the cash counter of the said back and fled away. Further, alleged that during this incident, they also assaulted the bank staff.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8582 of 2023(2) dt.17-04-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was arrested on spot nor any looted material has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Munna Khan. During investigation, nothing consistent evidence has come against the petitioner. Moreover, similarly situated co-accused namely, Shiv Chandra Tiwari has already been granted bail by this Court vide order 12.4.2023 passed in Cr. Misc. No. 7622 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 24.8.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kaptri (Telpa) P.S. Case No. 141 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8582 of 2023(2) dt.17-04-2023 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Arwal.
(Sunil Kumar Panwar, J) Amandeep/- U T