Dhanjee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25581 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SURAJ KUMAR Son of Ashok Ram Resident of Village - Sidhauli, P.S.- Dalmiya Nagar, Dist.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25789 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== DHANJEE PASWAN S/o Late Sipahi Paswan R/o village- Sidhauli, P.S.- Dalmiya Nagar, Dehri (T), District- Rohtas ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 25581 of 2022) For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Nitya Nand Tiwary (In CRIMINAL MISCELLANEOUS No. 25789 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2022 Learned counsel for the petitioners in both Cr. Misc. petitions are permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioners and learned APP for the State in both Cr. Misc. petition through Video

Patna High Court CR. MISC. No.25581 of 2022(2) dt.05-08-2022 2/3 Conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

A truck bearing No. UP75M9001 loaded with 605 bags of Skimmed Milk Powder from Bhole Baba Milk Food was looted by the five miscreants on the point of pistol. Learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated in this case. The allegation against the petitioners is fully based on suspicion. Nothing has been recovered from the conscious possession of the petitioners. No T.I. Parade has been conducted by the prosecution and charge-sheet has been submitted against the petitioners. Learned counsel for the petitioners has further submitted that the name of the petitioners has come up in the confessional statement of co-accused, Raju Kumar. The petitioner in Cr. Misc. No. 25581 is accused of two other criminal cases and the petitioner in Cr. Misc. No. 25789 of 2022 is also accused in one more criminal case as stated at para 3 of respective bail petitions. Both the petitioners are in custody since 02.12.2021.

Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.25581 of 2022(2) dt.05-08-2022 3/3 petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioners in both Cr. Misc. petitions, above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasarm, in connection with Sasaram(M) P.S. Case No. 380 of 2021.

The application stands allowed.

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