Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17495 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Shambhu Paswan Son of Amar Paswan @ Amar Pasvan Resident of VillagePunardaha Rajwara @ Purandaha Rajwara, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 346 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 329(4), 324(4), 308(5), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person went to the shop of the informant and demanded extortion on the point of pistol. It is further alleged that the accused persons looted cash from the shop of the informant and managed to escape from that place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.17495 of 2025(2) dt.24-03-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner had bought a hand pump from the informant which was having some leakage and with regard to return of the same, a dispute arose in between them. It is further submitted that no looted cash has been recovered from the possession of the petitioner. The petitioner is in custody since 11.12.2024 and has got three criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 346 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.17495 of 2025(2) dt.24-03-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T