Vinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15237 of 2023 Arising Out of PS. Case No.-256 Year-2021 Thana- OBRA District- Aurangabad ====================================================== Vinay Paswan, aged about 50 years (Male), S/O Late Ramdeo Paswan, R/VBharub, P.S.- Obra, District- Aurangabad (BIHAR) ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Leelawati Kumari, Advocate For the Opposite Party :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Obra P.S. Case No. 256 of 2021 registered for the offence under Section 392 of the I.P.C.

The prosecution case, in brief, is that on 06.10.2021 at about 10.30 P.M., when the informant reached near the canal of Seru Je by his car, in the meantime, three unknown criminals came on the road and on the point of pistol, looted cash of Rs. 37,000/-and other articles of the informant. The accused also looted car and other articles of other persons. When the police reached, all criminals fled away from there.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.11.2022. He has falsely

Patna High Court CR. MISC. No.15237 of 2023(2) dt.01-05-2023 2/2 been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no chance of trial being concluded in near future. The petitioner is not named in the F.I.R. The petitioner has not been put on T.I. Parade to ascertain his participation in the alleged occurrence. His name has transpired in the present case on the basis of confessional statement of co-accused. Nothing incriminating has been recovered from the conscious possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to 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 learned S.D.J.M., Daudnagar, Aurangabad (Bihar), in connection with Obra P.S. Case No. 256 of 2021. (Sudhir Singh, J) U.K./- U T