Subodh Paswan @ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29948 of 2021 Arising Out of PS. Case No.-573 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Subodh Paswan @ Subodh Kumar Son of Murari Paswan Resident of Village - Tehta, P.S.- Makhdumpur, Dist.- Jehanabd.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Makhdumpur P.S. Case No. 573 of 2019 instituted for the offences under Sections 395, 396 and 397 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2020, charge-sheet has been submitted in the case and he has got one criminal antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that on 29.12.2019, 5-6 unknown persons entered into the house of the informant through terrace and after shooting her husband who died, they indulged in loot of various articles as mentioned in the F.I.R.
Patna High Court CR. MISC. No.29948 of 2021(3) dt.23-12-2021 2/2 Learned counsel for the petitioner submits that the F.I.R. is against unknown and he has not been put on T.I.P. till date and no incriminating looted article has been recovered from possession of the petitioner. Learned counsel further submits that similarly situated co-accused Sonu Kewat has been granted bail by order dated 02.06.2021 in Cr. Misc. No. 2248 of 2021 and Ravi Kumar @ Vicky Kumar has also been granted bail by order dated 03.12.2020 in Cr. Misc. No. 24891 of 2020. 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 06.07.2020, charge-sheet has been submitted in the case and the similarly situated co-accused has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 573 of 2019 with a condition that one of the bailors shall be the father of the petitioner.
(Satyavrat Verma, J) Rishi/- U T