Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13104 of 2023 Arising Out of PS. Case No.-414 Year-2019 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Satish Paswan Son Of Jawahar Bhagat @ Jawahar Paswan R/O Vill.- Panapur Kyam, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 394 of the Indian Penal Code.

As per allegation in the FIR, it is a case of attempt of robbery. Informant is cashier in Midland Finance Company and while he was working in his branch, four accused persons entered into his office and on pistol point demanded cash. When the locker could not open by them, accused persons caused injury to the informant by butt of pistol and snatched the wires of computer as well as CCTV camera. It is further alleged the one of the miscreants took

Patna High Court CR. MISC. No.13104 of 2023(4) dt.12-09-2023 2/3 out his mobile and cash of Rs. 550/- from his wallet and fled away from there after locking the informant in bathroom.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. He has not looted anything from anyone. Nothing has been recovered from his conscious possession. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 26.4.2023 passed in Cr. Misc. No. 67776 of 2022 Petitioner is languishing in judicial custody since 30.11.2021.

The application for bail is opposed by learned APP for the State and submitted that petitioner is habitual offender and 14 criminal cases, almost of like nature, are pending against him.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. MISC. No.13104 of 2023(4) dt.12-09-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate IV, Samastipur in connection with Patori P.S. Case No. 414 of 2019. (Sunil Kumar Panwar, J) sushmaU