Guddu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32180 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- LAURIA District- West Champaran ====================================================== Guddu Paswan S/o Jitendra Paswan @ Jitendar Pasvan R/o Village-Ahwar Sheikh, Paswan Chowk, P.S.-Majhauliya, District-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Lauriya P.S. Case No. 232 of 2022 registered for the offence under Section 395 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 01.02.2023.
The allegation against this petitioner is to commit dacoity alongwith other co-accused persons and while committing so looted cash of Rs. 13,80,000/- belongs to informant.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.32180 of 2023(2) dt.03-07-2023 2/3 submitted that petitioner is not named in F.I.R. and his name surfaced during the course of investigation on the basis of confessional statement of co-accused, namely Ajit Paswan, in furtherance thereof no incriminating material recovered /surfaced against this petitioner to connect, prima facie, with present occurrence of dacoity. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as no incriminating material appears to be recovered in furtherance of confessional statement of co-accused, as to connect petitioner with present occurrence of dacoity, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 01.02.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Lauriya P.S. Case No. 232 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.32180 of 2023(2) dt.03-07-2023 3/3 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bettiah, West Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T