Patna High CourtCR. MISC./26650/2024bail granted

Raj Kumar @ Raj Kumar Paswan v. The State Of Bihar

2024-06-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26650 of 2024 Arising Out of PS. Case No.-695 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raj Kumar @ Raj Kumar Paswan, Son of Ganga Ram Paswan, Resident of Village- Bagwara, PS- Muffasil, (Singhaul OP), Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 695 of 2023 dated 26.11.2023 registered for the offence punishable under Section 392 of the Indian Penal Code but chargesheeted under Sections 392, 397 and 411 of IPC.

3. As per prosecution story, the informant alleged that 3 to 4 miscreants looted his motorcycle and mobile when he was returning home and he further alleged that these miscreants also looted one laptop from another vehicle (pickup van) and claimed to be able to identify the miscreants on seeing them.

4. The main submissions advanced by learned counsel for the petitioner are that as per the prosecution, the looted motorcycle is said to have been recovered from the house of the petitioner but the same was not recovered from exclusive

Patna High Court CR. MISC. No.26650 of 2024(2) dt.28-06-2024 2/2 possession of the petitioner and the petitioner has got no criminal antecedent. Learned counsel further submits that the petitioner has been languishing in jail since 26.11.2023 and he was not put on Test Identification Parade despite the informant having claimed to be able to identify the miscreants on seeing them. Learned counsel further submits that one co-accused namely Suvin Kumar @ Subeen Paswan has been granted bail by this Bench vide order dated 23.02.2024 passed in Cr. Misc. No. 12337/2024 and the investigation has been completed against the petitioner.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the above submissions and mainly taking into account the petitioner's fair and clean antecedent and his custody period, and also, completion of the investigation against him, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Muffasil P.S. Case No. 695 of 2023.

(Shailendra Singh, J) annu/- U T