Sharban Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37386 of 2020 Arising Out of PS. Case No.-134 Year-2020 Thana- GOGRI District- Khagaria ====================================================== Sharban Paswan, aged about 35 years, Male, Son of Wakil Paswan, Resident of Village - Madarpur, Police Station - Gogri, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Gogari P.S. Case No. 134 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

Case of the prosecution according to the informant in brief, is that on 27.04.2020 at about 8:30, the informant was returning from Parbatta Block and reached at Mansi Baba Sthan by motorcycle. When he reached there, four persons followed him with riding on two motorcycles overtake him and surrounded the informant. The accused persons started to abuse him and told to alight the motorcycle. On accused person pointed one pistol against the informant. They also snatched his motorcycle along with his carry bag containing one Laptop, one

Patna High Court CR. MISC. No.37386 of 2020(3) dt.02-03-2021 2/3 Oppo Mobile, Purse and other things which are hanged on the back of the informant. The motorcycle was also snatched by the accused person and told if he raises alarm so they will fire the informant. Thereafter, the accused persons fled away towards at Ratan. When the informant reached near Biswakarma Chawk, he told about the incident of two boys and they informed the police.

Learned counsel for the petitioner submits that the petitioner is in jail custody since 10.06.2020. The petitioner is not named in the F.I.R. On the basis of confessional statement of the co-accused, the petitioner has been made accused in the present case. He further submits that no T.I. Parade has been conducted till date. On perusal of the impugned order, the name of the petitioner has come in this case with the allegation that he has used his SIM in stolen mobile and Investigating Officer seized such mobile along with one Laptop and two motorcycles from his house. Learned counsel for the petitioner further submits that the petitioner has got no any criminal antecedent. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five

Patna High Court CR. MISC. No.37386 of 2020(3) dt.02-03-2021 3/3 thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Gogari P.S. Case No. 134 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T