Indal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37726 of 2024 Arising Out of PS. Case No.-260 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== Indal Paswan S/o Late Kari Paswan R/o Village Belmohan P S Fulparas Distt Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laukahi P.S. Case No. 260 of 2022 instituted for the offences under Sections 395 and 412 of the Indian Penal Code.

3. As per prosecution case, in short, is that 11-12 accused persons including the petitioner looted the jewellery and cash of Rs. 50,000/- from the house of the informant. It is

Patna High Court CR. MISC. No.37726 of 2024(2) dt.15-05-2024 2/3 further alleged that police chased the accused persons and caught one Gunsagar Paswan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light merely on the basis of suspicion and due to his criminal antecedents. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner rather as alleged looted articles have been recovered from co-accused Gunsagar Paswan. Charge-sheet has been submitted in this case. He further submitted that the other coaccused has already been granted bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 15717 of 2024. The petitioner is in custody since 30.12.2023 and has eight criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing

Patna High Court CR. MISC. No.37726 of 2024(2) dt.15-05-2024 3/3 of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukahi P.S. Case No. 260 of 2022. (Rudra Prakash Mishra, J) Arish/- U T