Akhilesh Paswan @ Gora Paswan @ Chintu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37920 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Akhilesh Paswan @ Gora Paswan @ Chintu Paswan Son of Jaidum Paswan @ Jaidun Paswan Resident of Village - Pindri, P.S.- Hunterganj, Distt.- Chatra (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Sherghati P.S. Case No. 379 of 2024 instituted for the offence under Sections 310(2) of the Bharatiya Nyaya Sanhita, 2023. 3.
Prosecution case in short is that six unknown persons riding on three motorcycles have looted an old blue colour bag having important papers from the possession of the informant on the point of pistol and fled away. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-01-2025. Petitioner bears seven criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.37920 of 2025(2) dt.23-06-2025 2/3 5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case in course of investigation. Nothing has been recovered from the possession of the petitioner. Petitioner has no concern with the alleged occurrence. There is nothing against the petitioner except his confessional statement, which has no evidentiary value in the eye of law. Charge sheet is submitted in this case. Other co-accused has been granted bail by this Court vide order dated 18-03-2025, passed in Cr. Misc. No. 86802 of 2024.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.
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 each to the satisfaction of Court below/concerned Court in connection with Sherghati P.S.
Patna High Court CR. MISC. No.37920 of 2025(2) dt.23-06-2025 3/3 Case No. 379 of 2024, 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.
(Rudra Prakash Mishra, J) Raj Kishore/- U T