Bibhuti Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34885 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== BIBHUTI KUMAR PASWAN Son of Govind Paswan Resident of VillageKathaiyan, P.S.- Kathaiyan, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 300 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant & on gunpoint, they are alleged to have looted his motorcycle as also cash amount to the tune of Rs. 45,000/- apart from other articles.

The learned counsel for the petitioner

Patna High Court CR. MISC. No.34885 of 2020(2) dt.25-01-2021 2/3 submits that the petitioner has been falsely implicated in the present case. It is further submitted that no test identification parade has been held so as to connect the petitioner with the alleged crime and moreover, no recovery has been made from the petitioner as far as the looted articles are concerned. The petitioner is stated to be languishing in custody since 09.07.2019. The learned counsel has also submitted that the petitioner has been remanded in the present case after he was arrested in one another case.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner, coupled with the fact that no T.I. Parade has been held so as to connect the petitioner with the alleged occurrence as also the looted articles have not been recovered from the possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.34885 of 2020(2) dt.25-01-2021 3/3 Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No. 300 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T