Patna High CourtCR. MISC./36027/2022bail granted

Birendra Paswan v. The State Of Bihar

2023-01-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36027 of 2022 Arising Out of PS. Case No.-33 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== BIRENDRA PASWAN Son of Gulchand Paswan Resident of Village - Madarganj, Ward No.- 12, P.S.- Simraha, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that while he and the members of his family had gone to sleep, seven unknown accused persons committed dacoity of the articles as given in detail in the F.I.R. They also took away different mobile phones.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The petitioner was falsely implicated in the case in course of investigation when it allegedly transpired that the petitioner and one another were using the stolen mobile phones. It is submitted that the

Patna High Court CR. MISC. No.36027 of 2022(3) dt.18-01-2023 2/2 petitioner is a bonafide purchaser of the mobile. Inspite of being taken into custody since 23.3.2022 and chargesheet having been submitted in the case, the petitioner has not been put on T.I. parade.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the petitioner not having been put on T.I. parade inspite of being in custody since 23.3.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Forbesganj P.S. Case no.33 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) Saurabh/- U T