Akhilesh Paswan@ Akhlesh Paswan @ Gora Paswan @ Chintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42103 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- IMAMGANJ District- Gaya ====================================================== Akhilesh Paswan @ Akhlesh Paswan @ Gora Paswan @ Chintu Paswan, aged about 27 years, Male, Son of Jaidun Paswan, Resident of Village- Pindri, P.S.- Hunterganj, District- Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Imamganj P.S. Case No. 244 of 2024 instituted for the offences punishable under Sections 309(4) of B.N.S. 2023.

3. As per allegation in the FIR, three unknown miscreants, on gun point, took away the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He submits that except the confessional statement of the co-accused Santan Kumar, there is no any specific allegation

Patna High Court CR. MISC. No.42103 of 2025(2) dt.09-07-2025 2/3 against the petitioner. He next submits that nothing incriminating articles has been recovered from the conscious possession of the petitioner. He lastly submits that the petitioner is not put on Test Identification Parade and no case has been made out against him. Petitioner is in custody since 25.10.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned District and Additional Sessions Judge-II, Sherghati, Gaya dated 17.05.2025, it appears that petitioner is not named in the FIR and his name surfaced in this case only on the basis of confessional statement of co-accused namely Santan Kumar. From perusal of the records, it also appears that on the basis of written report of the informant namely Kumar Ajay Narayan Arora, FIR has been registered under Sections 309(4) of B.N.S. 2023 against three unknown persons. No incriminating articles has been recovered from the conscious possession of the petitioner and the alleged motorcycle has been recovered from the conscious possession of other co-accused and not the present petitioner. Petitioner is in custody since 25.10.2024 and there is no Test Identification Parade conducted till date. Chargesheet has already been submitted in this case, so considering all these aspects of the case, I am inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.42103 of 2025(2) dt.09-07-2025 3/3

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati at Gaya in connection with Imamganj P.S. Case No. 244 of 2024, subject to the condition that the petitioner shall present before the trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Anand Kr.

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