Shiv Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15092 of 2023 Arising Out of PS. Case No.-256 Year-2021 Thana- OBRA District- Aurangabad ====================================================== Shiv Paswan Son Of Late Beera Paswan R/O Village- Lila Bigha, P.S.- Obra, District- Aurangabad (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that three miscreants assaulted the informant by butt of pistol and snatched Rs. 37,000/- and mobile phones. It is further alleged that they also snatched rings, mobile phones and money from other person accompanying the informant.

Patna High Court CR. MISC. No.15092 of 2023(2) dt.28-04-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Brajesh Paswan. Moreover, the petitioner is languishing in judicial custody since 20.08.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Obra P.S. Case No. 256 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.15092 of 2023(2) dt.28-04-2023 3/3 the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad.

(Sunil Kumar Panwar, J) Nirajkrs/- U T