Kantlal Kumar @Kantlal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15670 of 2024 Arising Out of PS. Case No.-141 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Kantlal Kumar @ Kantlal Paswan, aged about 22 years (Male), Son Of Vishundeo Paswan @ Visandeo Paswan Resident Of Village - Rahimapur, P.S - Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Gangabridge P.S. Case No. 141 of 2022 registered for an offence punishable under Section 379 of the Indian Penal Code.

3. As per prosecution case, it is a case of stealing of eleven cartoons of Horlicks from the truck of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner is in custody since 24.11.2022.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the first information report and impugned order dated 22.01.2024, it appears that petitioner is not named in the FIR, there is no recovery from the conscious possession of the petitioner and the name of the petitioner

Patna High Court CR. MISC. No.15670 of 2024(2) dt.13-03-2024 2/2 surfaced on the basis of confessional statement of co-accused, so I am inclined to grant bail to the petitioner.

7. Under the aforesaid facts and circumstances, let the above named petitioner be released on bail after framing of the chargesheet on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar Gupta, Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 141 of 2022.

8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T