Kalu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36964 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- KORHA District- Katihar ====================================================== Kalu Paswan Son Of Jageshwar Paswan Resident Of Shitia Sthan, Mirchaibari, P.S.- Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Korha P.S. Case No. 66 of 2022 lodged under Section 394 of the I.P.C.

As per the prosecution case, the F.I.R. has been filed against 3 unknown criminals against whom allegation of robbery is there.

Learned counsel for the petitioner submits that though F.I.R. has been filed against unknown persons but during random check-up, he alongwith other co-accused has been caught and from his possession one loaded desi katta and one

Patna High Court CR. MISC. No.36964 of 2022(2) dt.21-09-2022 2/2 live cartridge alongwith 4 mobile of Redmi Company has been recovered from his possession.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that his antecedent is clean. In the present case, he is in custody since 04.03.2022, charge sheet has already been filed in this case. He further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above and considering the short period of custody, I am not inclined to grant bail to the petitioner at present but he is at liberty to move for bail after one year from the date of his arrest. Upon move, the Trial Court is directed to release him on bail on the sureties so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J) sadique/- U T