Kunal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46019 of 2022 Arising Out of PS. Case No.-390 Year-2017 Thana- RANIGANJ District- Araria ====================================================== Kunal Paswan Son of Dipo Paswan R/v- Naya Tola Jurabganj, P.S- Kodha, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Raniganj P.S. Case No. 390 of 2017 registered for the offences punishable under Sections 461, 379 and 411 of the Indian Penal Code. As per the prosecution, this petitioner is said to have been an accomplice in the alleged crime of theft at the alleged place and alleged cash was recovered from the apprehended person. The main submissions advanced by learned counsel Mr.Anup Kumar Pandey, appearing for the petitioner are that against the petitioner there is criminal antecedent of one case in which he is on bail, he was remanded in the present case and

Patna High Court CR. MISC. No.46019 of 2022(2) dt.06-12-2022 2/2 after his remand nothing incriminating material connecting him to the alleged occurrence of theft was recovered and he has been languishing in jail since 03.03.2022 and the petitioner's name surfaced in the alleged crime in the confessional statement of co-accused Aman Kumar Yadav and except this there is no any other material against him.

Learned APP Ms. Dr. Indiwar Kumari, appearing for the State has opposed the prayer for bail.

Having regard to the facts and circumstances of this case, considering the above submissions and mainly the above mentioned defences which remained un-refuted during the course of argument by learned APP and also taking into account the petitioner's custody period, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Raniganj P.S. Case No. 390 of 2017. (Shailendra Singh, J.) maynaz/- U T