Bikoo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39135 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Bikoo Paswan Son of Adalat Paswan Resident of Village - Bedhnu, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Rajgir P.S. Case No. 474 of 2023, instituted for the offences punishable under Sections 379, 406, 420, 34 of the Indian Penal Code. 3.

The prosecution case, in short, is that, two persons hired the vehicle of the informant and proceeded towards Nalanda. On the way they offered water to the informant and after consuming the same, the informant got unconscious. Two days later the informant regained his sense and saw that his ERickshaw, mobile phone and cash of Rs. 400/- was missing.

Patna High Court CR. MISC. No.39135 of 2024(2) dt.21-06-2024 2/3 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. Name of the petitioner has been transpired from the confessional statement of co-accused Rajiv Kumar. Learned counsel for the petitioner further submits that Chargesheet has been submitted in the present case. The petitioner has been remanded in this case on 06.12.2023 and has got one criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 19-03-2024, passed in Cr. Misc. No. 20392 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also claim based on parity, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released 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 Court below/concerned Court in connection with Rajgir P.S. Case No.

Patna High Court CR. MISC. No.39135 of 2024(2) dt.21-06-2024 3/3 474 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T