Ashok Kumar @ Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19510 of 2023 Arising Out of PS. Case No.-166 Year-2020 Thana- PIPRA District- Supaul ====================================================== Ashok Kumar @ Ashok Paswan Son Of Dineshwar Paswan @ Bindeshwari Paswan R/O Village- Rampur, Ward No.7, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jata Shankar Jha For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per prosecution case, on 21.6.2020 the informant along with his cousin was going to his village, meanwhile, six miscreants on two motorcycles stopped them and on the point of gun, snatched their mobile phones, money purse, motorcycle, etc. and fled away towards Ram Nagar.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner has been put on TI Parade nor any incriminating

Patna High Court CR. MISC. No.19510 of 2023(2) dt.19-05-2023 2/2 article has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Nandan Kumar who has already been granted bail by a co-ordinate Bench of this Court vide order dated 19.2.2021 passed in Cr. Misc. No. 39901 of 2020, hence, the case of this petitioner stands on similar footing of that of co-accused. The petitioner has got no criminal antecedent and languishing in judicial custody since 1.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 166 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul.

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