Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25085 of 2023 Arising Out of PS. Case No.-106 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== UPENDRA PASWAN Son of Late Ramkisun Paswan @ Chhathu Paswan Resident of village-Husepur Dobandha, P.S.-Sahebganj, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyotsna Rani Mishra For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

As per FIR, the allegation against unknown miscreants is that they after breaking the door of the informant entered the house of the informant and committed loot and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner is named in the FIR nor he

Patna High Court CR. MISC. No.25085 of 2023(2) dt.23-05-2023 2/2 was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 23.02.2022.

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 petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebganj P.S. Case No. 106 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist Class, Muzaffarpur West. (Sunil Kumar Panwar, J) Amandeep/- U T