Bibhishan Paswan @ Bhabhishan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9478 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Bibhishan Paswan @ Bhabhishan Paswan Son of Ashok Paswan, Resident of Village- Parmanandpur, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 129 of 2022 dated 13.05.2022 lodged under Sections 397 and 392 of the I.P.C. As per prosecution case, the F.I.R. has been lodged against two unknown accused persons who came by Apache motorcycle and looted the vehicle of the victim. Learned counsel for the petitioner submits that this case has been filed against unknown accused persons and there is no material against the petitioner. He further submits that the name of the present petitioner has been figured in this case on the basis of the confessional statement of the co-accused. He

Patna High Court CR. MISC. No.9478 of 2023(2) dt.03-05-2023 2/2 further submits that there is one criminal case pending against the petitioner in which he is on bail. Counsel further submits that petitioner is in custody since 11.10.2022. Counsel further submits that other co-accused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 13.04.2023 passed in Cr. Misc. No. 8254 of 2023.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 129 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T