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Patna High CourtCR. MISC./9832/2023allowed

Guddu Paswan @ Pankaj Paswan v. The State Of Bihar

2023-04-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9832 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- TEKARI District- Gaya ====================================================== Guddu Paswan @ Pankaj Paswan S/O Ramashray Paswan @ Jitendra Paswan R/O Village- Kusapi, P.S.- Tekari, Distt- Gaya, At Present Resident Of Village- Sadhunagar, P.S.- Khizersarai, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 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 section 392 of the Indian Penal Code.

As per prosecution case, the informant alleged that on 16.02.2022 at about 10:55 a.m., while he was returning after collecting monthly EMI from the customers, in the meantime, two persons came on motorcycle and on gun point snatched cash of Rs. 38090/- along with mobile set and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous antecedent.

Patna High Court CR. MISC. No.9832 of 2023(2) dt.06-04-2023 2/2 Neither petitioner is named in the FIR nor he is put on TIP. Nothing incriminating article has been recovered from conscious possession of the petitioner. Similarly situated coaccused has already been granted bail by this Bench of the Court vide order dated 24.03.2023 passed in Cr. Misc. 450 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 26.07.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tekari P.S. Case No. 85 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gaya.

(Sunil Kumar Panwar, J) Manish/- U T