Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37330 of 2021 Arising Out of PS. Case No.-1161 Year-2019 Thana- BIHTA District- Patna ====================================================== DILIP PASWAN S/O BEYASH PASWAN RESIDENT OF VILLAGE CHOKIPUR PAKRANDHA, P.S-RANI TALAB, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, the tractor and trailer of the informant which was parked at the doorstep of one Indal Paswan was stolen.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial court, it is submitted that the name of the petitioner transpired on the basis of confessional statement of the petitioner and the co-accused in course of investigation. However, neither any incriminating material has been recovered

Patna High Court CR. MISC. No.37330 of 2021(2) dt.07-01-2022 2/2 from the possession of the petitioner nor has the petitioner been put on T.I. parade inspite of being in custody since 14.12.2020 and chargesheet has been submitted in the case. The cause of false implication of the petitioner is his antecedent. The case of the petitioner stands on a similar footing to that of co-accused Rohit Paswan who has been enlarged on bail vide order dated 3.1.2022 passed in Cr. Misc. no.36638 of 2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the order of the learned trial court, the submissions made on behalf of the petitioner, the petitioner having remained in custody for over 1 year and grant of bail to the above mentioned co-accused, the Court directs the petitioner to be enlarged on bail in connection with Bihta P.S. Case no.1161 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Danapur, District Patna.

(Partha Sarthy, J) Saurabh/- U T