Dinesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32250 of 2025 Arising Out of PS. Case No.-84 Year-2023 Thana- Kaler District- Arwal ====================================================== Dinesh Paswan S/o Late Shree Ram Paswan Resident of Village- Bharub, P.S.- Obra, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha, Adv.
For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Kaler P.S. Case No. 84 of 2023 registered for the offences under Sections 394 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, four miscreants, on gun point, snatched Rs. 10,000/- and mobile phone from the informant and while leaving the place they shot at the informant at his waist. The name of the petitioner transpired during investigation for being involved in the occurrence.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR and his name transpired in this case on the basis of confessional
Patna High Court CR. MISC. No.32250 of 2025(3) dt.01-09-2025 2/3 statement of co-accused Vimlesh Kumar and except for this, there is no material against the petitioner. Nothing incriminating has been recovered from the person or possession of this petitioner. No Test Identification Parade has been conducted till date. Learned counsel further submits that recovery of mobile phone has been shown from the possession of this petitioner but the FIR does not mention the number of mobile phone and for this reason it could not be said with certainty that mobile phone recovered from the petitioner is of the informant. Petitioner is in custody since 30.10.2023 and charge-sheet has been submitted. Petitioner is having antecedent of 11 cases.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that the mobile phone of the informant was recovered from the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ADJ-II, Arwal (Jehanabad)/concerned court in connection with Kaler P.S. Case No. 84 of 2023, subject
Patna High Court CR. MISC. No.32250 of 2025(3) dt.01-09-2025 3/3 to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T