Baliram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31161 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Baliram Paswan S/o- Devanand Paswan R/v - Nona, P. S. - Nalanda, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nalanda P.S. Case No. 282 of 2023 dated 11.12.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants sitting in a car are alleged to have stopped the informant's motorcycle and thereafter, two miscreants came out of the car and assaulted him and looted golden chain, one gold ring, one phone, Aadhar card, Voter Id card and Rs. 2000/- and they fled away.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.31161 of 2024(2) dt.30-04-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Pramod Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 28.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the looted mobile phone was recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the nature of allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Bihar Sharif in connection with Nalanda P.S. Case No. 282 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T