Amarjeet Paswan @ Amarjeet Pawan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22116 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Amarjeet Paswan @ Amarjeet Pawan Son Of Ashok Pawan Resident Of Village - Chhoti Balia, Police Station - Balia, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Asif Kalim For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegation against the petitioner is that on pistol point he along with other co-accused persons committed dacoity.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner is neither arrested on the spot nor any incriminating and looted articles have been recovered from his
Patna High Court CR. MISC. No.22116 of 2023(3) dt.20-07-2023 2/2 conscious possession. It is further submitted that the petitioner is not put of TIP. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 14.02.2023 passed in Cr. Misc. No. 39169 of 2022. The petitioner is languishing in judicial custody since 27.09.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balia P.S. Case No. 79 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai.
(Sunil Kumar Panwar, J) sushma/- U