Shiv Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44679 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- SUPAUL District- Supaul ====================================================== Shiv Kumar Paswan Son of Domi Paswan Resident of Village - Bareshar Dauraghat, P.S.- Bihara, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-11-2021 Heard both parties.

The petitioner seeks bail in Supaul P.S. Case No. 37 of 2021, registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, while the informant was going to Purnia from his house Supaul Bazar on Bolero vehicle, on the way, 03 miscreants on a Bullet motorcycle overtook and stopped him on the point of pistol. Thereafter, they assaulted him with pistol, as a result of which he sustained head injury. It is further alleged that they also snatched, purse, mobile, cash and Bolero vehicle and fled away.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. During course of investigation, name of

Patna High Court CR. MISC. No.44679 of 2021(2) dt.03-11-2021 2/2 this petitioner has come in this case on the confession of coaccused Rohit Kumar. No looted article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 27.02.2021. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 37 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T