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Patna High CourtCR. MISC./23379/2024bail granted

Prakash Paswan @ Chhotu @ Prakash Kumar v. The State Of Bihar

2024-04-15Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23379 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Prakash Paswan @ Chhotu @ Prakash Kumar, Male, aged about 25 years, S/o Birendra Paswan @ Biorndra Paswan R/o Vill - New Bhargama, ward no. 4, P.s. - Bhargama, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Rupauli P.S. Case No.225 of 2023 registered for the offence under Sections 392 of the Indian Penal Code.

3.

Allegation against the petitioner is to have snatched a bag of informant containing cash of Rs.2,22,110/- and other documents.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced on the basis of confessional statement of other co-accused, namely, Abhay Kumar Kundan.

Patna High Court CR. MISC. No.23379 of 2024(2) dt.15-04-2024 2/3 It is submitted that nothing incriminating has been recovered from the possession of the petitioner and TIP has not been conducted, during course of investigation. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 03.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Rupauli P.S. Case No.225 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.23379 of 2024(2) dt.15-04-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T