Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41177 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== SANJAY PASWAN SON OF RAM PUKAR PASWAN R/O VILLAGEGOSAIPUR, P.S.- SHYAMPUR BHATAHA, DISTRICT- SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Shyampur Bhataha P.S. Case No. 71 of 2022 registered for the offences punishable under Sections 394 and 34 of the Indian Penal Code. As per prosecution case, informant collected amount of Rs. 134242, tab, mobile charger and ID card were looted by four unknown miscreants. It is further alleged that informant was being assaulted by miscreants. It is further alleged that petitioner and one co-accused Shivnath Paswan have been identified by villagers who fled away from spot.

Learned counsel for the petitioner submits that petitioner is in custody since 11.04.2022 and bears no criminal

Patna High Court CR. MISC. No.41177 of 2022(3) dt.25-01-2023 2/2 antecedent. He further submits that petitioner is quite innocent and has been falsely implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner as he is FIR named accused and also submits that in para 34 and 35 of the case diary it appears that Rs. 7500/- and mobile used in the said occurrence were also recovered from the possession of the petitioner and on the disclosure of the said petitioner other looted materials were also recovered. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected. However, the learned trial court is directed to conclude the trial within six months from the date of receipt/production of copy of this order. If trial is not concluded within the stipulated period of time, petitioner may renew his prayer of bail. (Alok Kumar Pandey, J) vashudha/- U T