Bihari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37391 of 2025 Arising Out of PS. Case No.-158 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Bihari Paswan S/O Pramod Paswan R/O Village- Maheshkhunt, English Tola, Ward No. 4, P.S- Maheshkhunt, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pasraha P.S. Case No. 158 of 2023 instituted for the offences under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that 3-4 unknown miscreants intercepted the informant, assaulted him and also fired upon him and looted away key of the motorcycle and a bag containing driving license, mobile and cash amounting to Rs.

Patna High Court CR. MISC. No.37391 of 2025(2) dt.19-06-2025 2/3 10,500/-.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.08.2023 and has thirteen criminal antecedents. Several coaccused persons have already been granted bail by this Court vide order dated 02.07.2024 passed in Cr. Misc. No. 22049 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.37391 of 2025(2) dt.19-06-2025 3/3 each to the satisfaction of Court below/concerned Court in connection with Pasraha P.S. Case No. 158 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T