Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22082 of 2021 Arising Out of PS. Case No.-302 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== MITHUN PASWAN Son of Sigul Paswan @ Shibul Paswan Resident of Village - Basauli, P.S.- Belmohan, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Shubham, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 395 and 397 of the Indian Penal Code.

As per the prosecution case, 10 accused persons with their faces covered are stated to have committed dacoity in the house of the informant. They injured the informant as also his wife and looted various articles as mentioned in the FIR. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Heera Kumar Paswan. The cause of false implication of the petitioner is his criminal antecedent. Charge sheet has been submitted in the case. The

Patna High Court CR. MISC. No.22082 of 2021(3) dt.17-11-2021 2/2 petitioner is in custody since 13.2.2020.

The application for bail is opposed by learned counsel for the State who submits that the petitioner is accused in large number of cases of similar nature and he remained absconding.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the material that has transpired in course of investigation and the petitioner having remained in custody for 1 year 9 months, the Court directs the petitioner to be enlarged on bail in connection with Phulparas P.S. Case no. 302 of 2019 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 A.C.J.M- II, Jhanjharpur, District Madhubani. (Partha Sarthy, J) Prakash/- U