Prithivi Kumar @ Triveni @ Mantosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18150 of 2023 Arising Out of PS. Case No.-856 Year-2021 Thana- NAGAR District- Vaishali ====================================================== PRITHIVI KUMAR @ TRIVENI @ MANTOSH PASWAN Son of Tarkeshwar Paswan R/V- Afaur (paswan Tola) P.s- Nagra Distt- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Town P.S. Case No. 856 of 2021 registered under sections 395, 397 and 412 of the Indian Penal Code.

Allegation against the accused persons is that they came at the jewellery shop of the informant and on point of pistol, they looted the ornaments worth Rs. 1 crore and 32 lakh and cash of Rs. 5.20 lakh from cash counter. Further alleged that they snatched some money from the customer and also looted some documents and fled away by pulsor motorcycle from there.

Patna High Court CR. MISC. No.18150 of 2023(3) dt.17-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person before the police. It is further submitted that neither any looted article has been recovered from the conscious possession of the petitioner nor he was arrested on spot. From perusal of the seizure list which is annexed with this petition, it is mentioned that the looted article has been recovered from the possession of the other co-accused person namely, Om Singh. Nothing cogent material came against the petitioner to implicate him in this case. This case is triable by judicial magistrate. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 12.04.2023 passed in Cr. Misc. No. 7744 of 2023. Moreover, he is languishing in judicial custody since 23.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to

Patna High Court CR. MISC. No.18150 of 2023(3) dt.17-07-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hajipur Town P.S. Case No. 856 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) sushma/- U