Mithelesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45169 of 2021 Arising Out of PS. Case No.-376 Year-2020 Thana- GOPALPUR District- Patna ====================================================== Mithelesh Paswan Son of Bhola Paswan Resident of Village - Sarhan, P.S.- Pandarak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 376 of 2020 instituted for the offences under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.01.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation in the F.I.R. is that the driver Ravindra Paswan committed theft of vehicle and goods worth Rs. 9 lakhs which was being carried in the vehicle.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., his name surfaced based on

Patna High Court CR. MISC. No.45169 of 2021(2) dt.05-01-2022 2/2 the confessional statement of co-accused and goods are alleged to have been recovered from a room which belongs to the petitioner. Learned counsel further submits that the room from which the goods are alleged to have been recovered does belong to him but he had given that room on rent to one Gonar Prasad for which he relies on the rent agreement annexed as Annexure2 to the bail application. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 11.01.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent, he is not named in the F.I.R. and the room from which it is alleged that the goods were recovered was given on rent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Patna in connection with Gopalpur P.S. Case No. 376 of 2020. (Satyavrat Verma, J) Rishi/- U T