Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28456 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- BARUN District- Aurangabad ====================================================== Santosh Paswan Son of Sri Prakash Paswan @ Om Prakash Pawan Resident of Village- Peelchie, P.S.- Daudnagar, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Learned counsel for the petitioner, at the outset, seeks permission to rectify the pleadings made in the prayer portion of the bail application.

Permission is accorded.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barun P.S. Case No. 61 of 2020 instituted for the offences under Sections 457, 380 and 411 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 21.03.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of committing theft in the shop of the informant and various articles as detailed in the F.I.R. are alleged to have been

Patna High Court CR. MISC. No.28456 of 2021(3) dt.13-12-2021 2/2 stolen.

Learned counsel for the petitioner submits that the name of this petitioner came on the confessional statement of co-accused Ramesh Kumar. Learned counsel further submits that from house of this petitioner Vivo mobile, Rs. 1,00,000/- and an iron khanti was recovered. It is further submitted that Vivo mobile was not stolen one. Further, the money recovered was of this petitioner and the investigation does not remotely suggest that the iron khanti which is alleged to have been recovered was used in committing theft.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 21.03.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 61 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T