Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36860 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== RAKESH PASWAN SON OF LATE SHIV PASWAN @ SHIV CHARAN HAJRA Resident of Village- Govindapur, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 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 sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a raid being conducted, accused persons with incriminating articles were caught. It is further stated that the apprehended accused disclosed that they were indulging in loot and snatching of motorcycle. It was on their disclosure that the name of the petitioner transpired. It is further stated that it was on the disclosure of this petitioner that an alto car was recovered from

Patna High Court CR. MISC. No.36860 of 2021(2) dt.05-01-2022 2/2 the house of this petitioner and the car was being used in committing crime.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the basis of statement of coaccused made before the police. No incriminating article has been recovered on the statement of the petitioner. The petitioner is in custody since 13.1.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

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 allegations in the F.I.R. together with the petitioner having remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Govindganj P.S. Case no.17 of 2021 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 Chief Judicial Magistrate, East Champaran at Motihari.

(Partha Sarthy, J) Bibhash/- U