Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28863 of 2020 Arising Out of PS. Case No.-252 Year-2019 Thana- BELA District- Sitamarhi ====================================================== SONU PASWAN S/o Late Bir Bahadur Paswan Resident of Village- Naranga, P.S.- Bela, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bela P.S. Case No. 252 of 2019, registered for the offence punishable under Sections 394/34 of the Indian Penal Code.

The allegation is regarding two unknown miscreants having arrived at the petrol pump in question whereafter they are alleged to have snatched a sum of Rs. 8,61,854/- from the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.28863 of 2020(4) dt.29-01-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 24.12.2019. The learned counsel for the petitioner has further submitted that the petitioner has been remanded in the present case from another case and till date, he has not been put on Test Identification Parade so as to connect him with the alleged occurrence. The learned counsel for the petitioner has further submitted that similarly situated coaccused person, who was arrested on the same day, has been granted the privilege of bail by a coordinate Bench of this Court vide order dated 23.12.2020 passed in Criminal Miscellaneous No. 23348 of 2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also in the case diary,

Patna High Court CR. MISC. No.28863 of 2020(4) dt.29-01-2021 3/3 apart from the fact that the petitioner has not been put on Test Identification Parade so as to connect him with the alleged crime as also taking into account the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar, Sitamarhi in connection with Bela P.S. Case No. 252 of 2019. (Mohit Kumar Shah, J) Ajay/- U T