Mithun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15717 of 2024 Arising Out of PS. Case No.-260 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== Mithun Paswan Son Of Sigul Paswan Resident Of Village - Belmohan, P.S. - Phulparas, District - Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Laukahi P.S. case No. 260 of 2022 instituted for the offences under Sections 395/412 of the Indian Penal Code.
3. Prosecution case, in short, is that 11-12 accused persons including this petitioner looted the jewellery and cash amounting to Rs. 50,000/- from the house of the informant. It is further alleged that police chased the accused persons and
Patna High Court CR. MISC. No.15717 of 2024(2) dt.12-03-2024 2/3 caught one Gulsagar Paswan. It is further alleged that the looted jewellery was also recovered.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Although the petitioner is named in the F.I.R. but he was not apprehend on the spot. The name of the petitioner was disclosed by the co-accused Gulsagar Paswan who was apprehended on the spot. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.07.2023 and has one criminal antecedent.
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 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
Patna High Court CR. MISC. No.15717 of 2024(2) dt.12-03-2024 3/3 below/concerned Court in connection with Laukahi P.S. case No. 260 of 2022.
(Rudra Prakash Mishra, J) Alok Verma/- U T