Birju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44828 of 2024 Arising Out of PS. Case No.-609 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Birju Paswan Son Of Bhatu Paswan Village- Chakmahuli, P.S.- Rosera, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rosera P.S. Case No. 609 of 2023 dated 08.12.2023 registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle came and took away Rs. 67,770/-, mobile phone and key of motorcycle of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR rather his name has come on the basis of self confessional statement during the course of investigation. Nothing looted article

Patna High Court CR. MISC. No.44828 of 2024(2) dt.15-07-2024 2/2 has been recovered from the conscious possession or from the house of the petitioner. The petitioner has got ten criminal antecedents and he is on bail in nine cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera, Samastipur in connection with Rosera P.S. Case No. 609 of 2023, with a condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T