Suraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15299 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- SUPAUL District- Supaul ====================================================== Suraj Paswan Son Of Late Kari Paswan R/O Village- Singyon, P.S.- Bheja, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code and Sections 3⁄4 of the Explosive Substance Act.

The prosecution case, in short, is that 5-6 unknown miscreants entered in the house of the informant and demanded key of godrej on the point of pistol. When the informant refused, they broke godrej by means of iron rod and took away gold ornaments 20 bhar worth about Rs.10 lacs of his wife and daughter-in-law and cash about Rs.1 lac and they also took away silver ornaments about 5 kgs and about Rs.4 lacs of his younger daughter-in-law. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2022. Charge sheet/prosecution report has been submitted in this case. There is no allegation of

Patna High Court CR. MISC. No.15299 of 2023(2) dt.01-05-2023 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no chance of trial being concluded in near future. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Supaul P.S. case No.33/21. Narendra/- (Sudhir Singh, J) U T