Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32319 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- LADANIA District- Madhubani ====================================================== Mithun Paswan s/o- Sigul Paswan R/o- Village Belmohan, PS-Phulparas, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 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 a case registered for the offences punishable under Sections 395 of the Indian Penal Code and Section 3⁄4 of Explosive Substances Act. The prosecution case in nutshell is that 10-12 miscreants broke into the house of informant. When the villagers gathered, they explode bomb and looted jewelry and cash of Rs. 5,00,000/- from the house of informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.32319 of 2024(2) dt.16-05-2024 2/3 falsely been implicated in the present case. Neither the petitioner is put on T.I.P. nor anything incriminating has been recovered from his possession. It is further submitted that petitioner is dragged in this case due to personal grudge and with malice intention. Moreover, the petitioner is languishing in judicial custody since 04.09.2023. Similarly situated co-accused Ram Sharan Pal has been granted bail vide order dated 18.12.2023, passed in Cr. Misc. No. 81394 of 2023 by this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed, in connection with Ladaniya P.S. Case No. 43 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.32319 of 2024(2) dt.16-05-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate III, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Nirajkrs/- U T