Rajan Paswan @ Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52382 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== RAJAN PASWAN @ RAJAN KUMAR SON OF UMESH PASWAN R/O VILLAGE- PIPRA DEWAS, P.S.- BARAUNI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bhagwanpur (Teyai O.P.) Police Station Case No. 165 of 2020, registered for the offences punishable under Sections 356/379 of the Indian Penal Code. In this case, charge sheet has been submitted under Section 392 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that while the informant, along with his family members, was coming on a motorcycle, he was accosted by three miscreants riding on motorcycle and they looted purse and other valuables from the informant and his family members. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and his

Patna High Court CR. MISC. No.52382 of 2021(2) dt.10-05-2022 2/3 name has transpired on the basis of confessional statement of co-accused Chandan Kumar. He next submits that no looted articles has been recovered from the possession of the petitioner and he has not been put on Test Identification Parade as yet. He further submits that the petitioner is in custody since 06.11.2020 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no incriminating and/or looted article has been recovered from the possession of the petitioner, his name has transpired on the basis of confessional statement of co-accused, charge sheet has already been submitted and the petitioner is in custody since 06.11.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 2,5000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Bhagwanpur (Teyai O.P.) Police Station Case

Patna High Court CR. MISC. No.52382 of 2021(2) dt.10-05-2022 3/3 No. 165 of 2020.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √