Haresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24737 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- BHITAHA District- West Champaran ====================================================== 1.

Haresh Paswan S/O Viran Paswan @ Viran Manjhi R/O Village- Mudadih Tand, P.S- Bhitaha, Distt.- West Champaran.

2.

Bipin Ram S/O Bhuali Ram R/O Village- Mudadih Tand, P.S- Bhitaha, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 354, 380, 448, 461 and 34 of the Indian Penal Code As per FIR, the allegation against the petitioners is that they committed theft of cash Rs. 50,000/- in the house of the informant and also assaulted her.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to

Patna High Court CR. MISC. No.24737 of 2023(2) dt.22-05-2023 2/2 previous enmity. The petitioners have no concern with the alleged occurrence and FIR has been lodged after delay of three days without given any cogent reasons. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 21.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bhitaha P.S. Case No. 01 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist Bagaha, West Champaran.

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