Aashish Paswan @ Ashish Kr. Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48264 of 2021 Arising Out of PS. Case No.-958 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== AASHISH PASWAN @ ASHISH KR. PASWAN S/O PRAMOD PASWAN R/o village- Dholbaja, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard Mr. Pankaj Kumar Jha, learned counsel for the petitioner and Mr. Nityanand, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Forbesganj (Simraha) P.S. Case No. 958/2020 registered for the offence punishable under Section 392 of the Indian Penal Code 1860.

The allegation, as per the First Information Report, is that four unknown criminals intercepted the informant and snatched Rs.10,000/- and a Mobile Phone from him. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been made accused in this case on the basis of confessional statement of co-accused Chhotu Kumar Mehta who

Patna High Court CR. MISC. No.48264 of 2021(2) dt.11-03-2022 2/3 was in custody in connection with Forbesganj P.S. Case No. 954/2020. The petitioner has been remanded in this case from Forbesganj P.S. Case No. 954/2020. He further submits that no incriminating material and/or looted article has been recovered from possession of the petitioner and he has not been put on Test Identification Parade. Petitioner is in custody since 9.1.2021 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no incriminating material and/or looted article has been recovered from possession of the petitioner, the petitioner has been made accused on the basis of confessional statement of coaccused only, he was not put on Test Identification Parade, he is in custody since 9.1.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 958 of

Patna High Court CR. MISC. No.48264 of 2021(2) dt.11-03-2022 3/3 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T