Sanoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31588 of 2020 Arising Out of PS. Case No.-101 Year-2019 Thana- FULKAHA District- Araria ====================================================== SANOJ PASWAN Son of Bikru Paswan Resident of Village- Madhura West, P.S.- Fulkaha, Dist- Araria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramesh Kumar Singh For the Opposite Party :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Fulkaha P.S. Case No. 101 of 2019, registered for the offence punishable under Sections 413, 414, 420/34 of the Indian Penal Code.

From the First Information Report, it transpires that allegedly the police had received a secret information to the effect that the petitioner and his full brother co-accused Manoj Paswan had been engaging themselves in dealing with spurious gold and were indulging in selling such spurious gold to innocent people on exorbitant price. A raid was accordingly conducted by the police in the grocery shop allegedly belonging to the persons named in the First Information Report. Coaccused Manoj Paswan was apprehended from the shop and

Patna High Court CR. MISC. No.31588 of 2020(5) dt.05-03-2021 2/2 gold biscuits were recovered from there. Co-accused Manoj Paswan is said to have accepted before the police about his involvement in commission of such offence and that he had shared the illegal money so earned with the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that except for the said material of alleged confessional statement of co-accused Manoj Paswan before the police, there is no material against this petitioner. Learned Additional Public Prosecutor appearing for the State has opposed the prayer for bail and has referred to the criminal antecedent, which the petitioner has, as mentioned in paragraph 3 of the application.

Be that as it may, considering the nature of material available against the petitioner, a case for grant of regular bail is made out. This application is accordingly allowed. Let 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 the learned Judicial Magistrate 1st Class, Araira, in Fulkaha P.S. Case No. 101 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T