Mukesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9414 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Mukesh Paswan s/o Dilip Paswan R/O village- Jamune. PS- Chandauti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Khizersarai P.S. Case No. 41 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that, on the point of pistol unknown miscreants have looted Rs. 8,46,188/- from the Utkarsh Small Finance Bank, Baijnathpur Branch in which informant is a cashier.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel
Patna High Court CR. MISC. No.9414 of 2025(2) dt.14-02-2025 2/2 further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2024 and has three criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 19.11.2024 passed in Cr. Misc. No. 65914 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Khizersarai P.S. Case No. 41 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T