Amar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37534 of 2020 Arising Out of PS. Case No.-88 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== AMAR PASWAN S/o Sri Dukha Paswan Resident of Village- Baluahan, P.S.- Hathauri, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pradeep Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Rampriya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Hathauri (Muzaffarpur) P.S. Case no. 88 of 2020 registered under sections 461 and 379 of the Indian Penal Code to which section 414 of the IPC was added subsequently.

As per allegation in the FIR, the shop of the informant was looted and mobile phone etc worth Rs. 4.5 lakh were stolen. It is further stated that the theft was recorded in the CCTV footage.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in the confessional statement of co-accused Ashok Paswan made before the police

Patna High Court CR. MISC. No.37534 of 2020(3) dt.08-03-2021 2/2 and the said Ashok Paswan has been enlarged on bail. So far as this petitioner is concerned, the allegation of recovery of stolen mobile etc. from his possession is false and concocted. The petitioner has no criminal antecedent and is in custody since 1.6.2020. Chargesheet has been submitted in the case. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner being in custody since 1.6.2020 and chargesheet having been submitted, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hathauri (Muzaffarpur) P.S. Case no. 88 of 2020 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 Judicial Magistrate 1st Class, Muzaffarpur.

(Partha Sarthy, J) sushma/- U T