Patna High Court/38269/2022bail granted

Bijali Paswan @ Bhotha Paswan @ Vijali Paswan v. The State Of Bihar

2023-01-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38269 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== BIJALI PASWAN @ BHOTHA PASWAN @ VIJALI PASWAN SON OF LATE RAJENDRA PASWAN RESIDENT OF VILLAGE- KAMALDAH, P.S.- PARAIYA, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

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, seven unknown accused persons on the point of rifle, sword etc. committed dacoity in the house of the informant and looted Rs. 20,000/- in cash besides other articles as mentioned therein.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in the confessional statement of co-accused Anuj Paswan recorded by the police. No incriminating article

Patna High Court CR. MISC. No.38269 of 2022(5) dt.20-01-2023 2/2 has been recovered from the petitioner's possession nor has he been put on T.I. Parade inspite of being in custody since 6.8.2021. Charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, no incriminating article having been recovered from the petitioner's possession and the petitioner not having been put on T.I. Parade inspite of being in custody since 6.8.2021 together with charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Wazirganj P.S. Case no. 38 of 2021 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 Additional Chief Judicial Magistrate-I, Gaya.

(Partha Sarthy, J) Prakash/- U