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Patna High CourtCR. MISC./28021/2025bail granted

Golu Paswan v. The State Of Bihar

2025-08-05Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28021 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Golu Paswan Son of Jitendra Paswan village- Dhundhua Nayamatpur, PsNTPC, Khaira, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with N.T.P.C. Khaira P.S. Case No. 56 of 2024, instituted for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that some unknown miscreants have looted three batteries, 600 liters diesel and one drum on the point of pistol from the campus of ADS Company

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.28021 of 2025(3) dt.05-08-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Akash Kumar and the same has got no evidentiary value. Neither any looted article has been recovered from the possession of the petitioner nor any T.I. parade has been conducted in this case. It is further submitted that co-accused, Akash Kumar has confessed that the stolen diesel was sold to co-accused, Ram Ayodhya Chauhan. The petitioner is in custody since 11.12.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 22.03.2025 passed in Cr. Misc. No. 433 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.28021 of 2025(3) dt.05-08-2025 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.T.P.C. Khaira P.S. Case No. 56 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T