Sunil Paswan @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44768 of 2024 Arising Out of PS. Case No.-758 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Sunil Paswan @ Sunil Kumar Son of Jagannath Paswan @ Jagarnath Paswan R/O Vill.- Chak Sikandar, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 758 of 2023 instituted for the offences under Sections 380 and 411 of the Indian Penal Code.

3. Prosecution case, in short, is that some unknown miscreants committed theft in the informant's house and stolen cash amounting to Rs. 3,80,000/- and ornaments from his house.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has transpired in this case on the basis of confessional statement of the co-accused Srikant Singh. Learned counsel further

Patna High Court CR. MISC. No.44768 of 2024(2) dt.28-06-2024 2/2 submitted that no any incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of stolen articles has been made from the poultry farm of co-accused Srikant Singh. Except the disclosure made by the co-accused person, there is no material against this petitioner. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail 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 Bidupur P.S. Case No. 758 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T