Anil Paswan @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18289 of 2020 Arising Out of PS. Case No.-673 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== ANIL PASWAN @ ANIL KUMAR S/o Muneshwar Paswan Resident of Village- Ghariyal, P.S.- Singhia, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kadamkuan P.S. Case No. 673 of 2019, registered for the offence punishable under Section 380 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having committed theft in the house of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.18289 of 2020(6) dt.01-02-2021 2/3 in custody since 16.10.2019. The learned counsel for the petitioner has further submitted that similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 31.01.2020 passed in Criminal Miscellaneous No. 5642 of 2020 and order dated 09.11.2020 passed in Criminal Miscellaneous No. 29847 of 2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also in the case diary as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by coordinate Benches of this Court, apart from the fact that the petitioner is having a clean antecedent and he has been in custody since more than one year, I deem it fit and proper to direct for release

Patna High Court CR. MISC. No.18289 of 2020(6) dt.01-02-2021 3/3 of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 Additional Chief Judicial Magistrate -XIIth Patna Sadar, District-Patna in connection with Kadamkuan P.S. Case No. 673 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T