Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14668 of 2024 Arising Out of PS. Case No.-178 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== UPENDRA PASWAN, S/O LATE RAMKISUN PASWAN, R/O VILLAGEHUSEPUR DOBANDAHA, P.SSAHEBGANJ, DISTRICTMUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Jyotsna Rani Mishra, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahebganj P.S. Case no. 178 of 2021 registered under sections 461 and 379 of the Indian Penal Code.

3. As per the prosecution case, the informant states that having closed his shop he came at night to his house. Subsequently, he got information about the commission of theft in his shop and on reaching there he found several articles including a LED TV etc. to have been stolen.

4. Learned counsel for the petitioner submits that the FIR was registered against four unknown. The petitioner was falsely implicated in the case in course of investigation because

Patna High Court CR. MISC. No.14668 of 2024(2) dt.14-03-2024 2/2 of his antecedents. No incriminating article has been recovered from the petitioner's possession. Referring to the seizure list it is submitted that the stolen articles were recovered from the house of one Sonu Kumar Rai. The petitioner is in custody since 10.12.2021 and has not been put on T.I.Parade.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, the petitioner not having been put on T.I.Parade inspite of his being in custody for more than 2 years since 10.12.2021 and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Sahebganj P.S. Case no. 178 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist Muzaffarpur West, District- Muzaffarpur.

(Partha Sarthy, J) avinash/- U T