Hira Kumar @ Hira Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41627 of 2023 Arising Out of PS. Case No.-458 Year-2021 Thana- NAGAR District- Vaishali ====================================================== HIRA KUMAR @ HIRA PASWAN Son of Ram Raji Paswan Resident of ward no. 9, Sahdullapur, P.s. - Sakra, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 458 of 2021 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that five unknown criminals looted Rs. 1,19,60,777/- from the bank.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the FIR was against unknown and the name of the petitioner transpired in the confessional statement of Mukesh in police custody which does not have any evidentiary value, it is further submitted that petitioner is on an inimical term with

Patna High Court CR. MISC. No.41627 of 2023(2) dt.07-08-2023 2/2 Mukesh on account of which he falsely implicated him by stating in his confession that Rs. 50,000/- was given to the petitioner for providing arms.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has antecedent of one case and Mukesh was identified in CCTV footage based on which he was arrested thereafter Rs. 8,85,000/- was also recovered from his house which directly connects Mukesh with the offence and it is in the confessional statement of Mukesh that the name of the petitioner transpired that he provided arms in lieu of money. It is thus submitted that it is a case of bank loot and since the name of the petitioner has been disclosed by an accused who was identified in the CCTV footage and even the recovery of looted money was made from his house, as such the petitioner does not deserve the privilege of anticipatory bail.

6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is thus rejected.

(Satyavrat Verma, J) Rishi/- U T