Shiv Kumar @Sukumar Pasawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40064 of 2020 Arising Out of PS. Case No.-89 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== SHIV KUMAR @ SUKUMAR PASAWAN Son of Baleshwar Paswan Resident of Village- Baijnathpur, P.S.- Saur Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2021 Heard Mr. Pankaj Kumar, learned counsel for the petitioner and Ms. Shaheen Begum, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Beldaur PS Case No. 89/2019 corresponding to GR No. 1301/2019 registered for the offence punishable under Section 392 of the IPC.

3. The allegation, as per First Information Report, is that three accused persons surrounded a Bolero Pickup Van bearing Registration No. WB-23E-9070 and took away the same along with Rs. 10,000/-, mobile phones, 125 Plastic Carats and some documents from the informant on the gun point after assaulting the helper of the said vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and nothing

Patna High Court CR. MISC. No.40064 of 2020(4) dt.22-03-2021 2/2 incriminating has been recovered from the possession of the petitioner and in paragraph-3 of the instant petition, petitioner has stated that he has got no criminal antecedents. Learned counsel further submits that petitioner has claimed parity with the similarly situated co-accused person who has been granted bail by a Bench of this Court vide Cr. Misc. No. 73252/2019. Learned counsel also submits that name of the petitioner has transpired in the confessional statement made by a co-accused.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and on perusal of the order impugned and the antecedents report submitted by learned court below i.e. the court of Judicial Magistrate 1st Class, Khagaria vide letter no. 27 dated 02.03.2021, that the petitioner has got criminal antecedents and three cases are pending against him and this fact has been concealed by the petitioner in the instant bail petition, on this very ground, I am not inclined to grant bail to the petitioner. The same is hereby, rejected.

(Anil Kumar Sinha, J) perwez U T