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Patna High CourtCR. MISC./29805/2024bail granted

Love Paswan @ Love Kush Paswan @ Lavkush Kumar v. The State Of Bihar

2024-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29805 of 2024 Arising Out of PS. Case No.-690 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Love Paswan @ Love Kush Paswan @ Lavkush Kumar S/O Chandra Bhushan Paswan R/O Village- Golma, P.S- Saurbazar (Patarghat O.P), Distt.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 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 Saurbazar P.S. Case No. 690 of 2023 dated 08.11.2023 registered for the offences punishable u/s 393 of the Indian Penal Code and later on added Sections 25(1-B) (a)26 of the Arms Act.

3. As per the prosecution case, the petitioner is alleged to have intercepted the informant and demanded mobile and money and threatened to shoot him if he would not fulfill the said demand. Thereafter, the petitioner forcibly made attempt to snatch the mobile and money from the pocket of the informant. When the informant raised alarm, the petitioner fled away after threatening to assault him. When the informant inquired about the said person, villagers disclosed the name of the petitioner who fled away from the place of occurrence.

Patna High Court CR. MISC. No.29805 of 2024(2) dt.29-04-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local villagers. No incriminating article has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. As per the impugned order dated 19.03.2024, the petitioner is in custody since 09.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Saharsa in connection with Saurbazar P.S. Case No. 690 of 2023.

7. The application stands allowed.

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