Indal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27721 of 2025 Arising Out of PS. Case No.-160 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Indal Paswan Son of Late Kari Paswan R/o Vill- Belmohan, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. This is the bail application of the petitioner seeking his regular bail in connection with Ladaniya P.S. Case No. 160 of 2022 registered for the offence under Section 397 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.
3. According to the case of prosecution, on the date of incident i.e. on 07.06.2022, at mid night some unknown 12-14 persons forcibly entered in the house of the informant Gunjesh Chaudhary and from there they looted cash of one lakh fifty thousand and some gold ornaments. It is also alleged that at the time of alleged incident, they also assaulted Gunjesh Chaudhary and his wife Pink Devi, due to that, she also sustained injury. On
Patna High Court CR. MISC. No.27721 of 2025(2) dt.06-05-2025 2/3 the basis of information given by Gunjesh Chaudhary, offence has been registered and during course of investigation, the present applicant has been arrested.
4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. There is no any legal evidence available on the record against the applicant to implicate him for the alleged crime in question. Further he submits that no TIP of the present applicant has been conducted nor any looted ornaments or cash has been recovered from him. Apart from the confessional statement of the present applicant, no evidence has collected by the prosecution. The confessional statement made by the applicant is also not legally admissible. Considering the detention period of the applicant, it is prayed that the petitioner may be granted benefit of bail.
5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner and submits that since there were so many criminal antecedents of the petitioner, therefore his prayer for grant of regular bail may be rejected.
6. Considering the submissions made by the counsel for the petitioner and further considering the totality of the case
Patna High Court CR. MISC. No.27721 of 2025(2) dt.06-05-2025 3/3 without commenting other merits of the case, I am of the view that it is a case where the applicant should be granted benefit of bail.
7. Accordingly, the application is allowed.
8. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-IX, Madhubani in Sessions Trial No. 379 of 2024 arising out of Ladaniya P.S. Case No. 160 of 2022.
(Arvind Singh Chandel , J) shailendra/- U T