Bara Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41085 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- ANDHRATHARHI District- Madhubani ====================================================== Bara Babu Paswan Son of Dukhi Paswan Resident Of Village-Gour Andhra, Police Station-Rudrapur, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv, For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Andhratharhi P.S. Case no. 18 of 2020 registered against unknown under sections 302 and 392 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that his younger brother who runs a jewelry shop, was returning on his motorcycle after closing his shop. Some unknown criminal stabbed him and took away his keys and the bag that he was carrying.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. He was neither arrested at the spot nor any incriminating article has been

Patna High Court CR. MISC. No.41085 of 2020(4) dt.12-07-2021 2/2 recovered from his possession. In course of investigation, it is alleged that a gold chain was recovered from his possession but neither the petitioner nor the allegedly recovered gold chain have been put on T.I Parade. The petitioner is in custody since 2.3.2020 and investigation in the case has concluded. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration of neither the petitioner nor the allegedly recovered gold chain having been put on T.I. Parade and the petitioner being in custody since 2.3.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Andhratharhi P.S. Case no. 18 of 2020 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 Additional Chief Judicial Magistrate-III, Jhanjharpur, Madhubani.

Bibhash (Partha Sarthy, J) U