Krishna Ram @ Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41024 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- DIGHWARA District- Saran ====================================================== KRISHNA RAM @ KRISHNA PASWAN Son of Dashrath Manjhi Resident of Village - Anant Mirzapur, P.S.- Dighwara, Distt.- Saran (Chapra.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Tiwari For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dighwara P.S. Case No. 127/21, registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding unknown miscreants having snatched money bag containing a sum of Rs. 9 lakhs an odd from the informant.

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

Patna High Court CR. MISC. No.41024 of 2021(2) dt.03-01-2022 2/3 has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 25.5.2021. The learned Senior Counsel for the petitioner has further submitted that neither any Test Identification Parade has taken place so as to connect the petitioner with the alleged crime nor any recovery of the looted cash amount has been made from the conscious possession of the petitioner. The learned Senior Counsel for the petitioner has also submitted that the petitioner has been falsely implicated in the present case merely on suspicion.

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 considering the fact that no Test Identification Parade has taken place so as to connect the petitioner with the alleged

Patna High Court CR. MISC. No.41024 of 2021(2) dt.03-01-2022 3/3 crime and moreover, no recovery of the looted cash amount has been made from the conscious possession of the petitioner as also the petitioner is having a clean antecedent and he is languishing in custody since a long time, 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 ACJM-IX, Saran in connection with Dighwara P.S. Case No. 127/2021. (Mohit Kumar Shah, J) Ajay/- U T