Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42948 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- PIRO District- Bhojpur ====================================================== Santosh Paswan Son Of Parashuram Paswan Resident Of Village- Jaisidih, P.S- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395, 392 of the Indian Penal Code.

The prosecution case in nutshell is that when the informant along with one Anish Srivastava were returning on motorcycle, in the meantime, three persons on a black motorcycle overtook the informant and looted the bag containing Rs. 1,20,000/-(one lakh twenty thousands) and mobile from Anish Srivastava and Rs.

Patna High Court CR. MISC. No.42948 of 2022(3) dt.16-01-2023 2/3 78,090/-(seventy thousands ninety rupees) and mobile phone from the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to his criminal antecedents. It is also submitted that petitioner is languishing in judicial custody since 11.04.2022. It is further submitted that petitioner is not named in F.I.R. and on the basis of CCTV footage, the petitioner is identified and he has been made accused in the present case but legally CCTV has not been verified by way of F.S.L. report. There is no direct evidence against the petitioner and he has also not been put on TIP. Nothing incriminating ie. stolen money has been recovered from the possession of the petitioner.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.42948 of 2022(3) dt.16-01-2023 3/3 circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Piro P.S. Case No. 175 of 2022 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 A.C.J.M., VIII, Bhojpur, Ara.

(Sunil Kumar Panwar, J) nirajkrs/- U T