Manikant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51342 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== Manikant Paswan, aged about 35 years, Gender-Male, Son of Sudin Kumar Sudin @ Sudin Paswan, Resident of Ward No. 01, Village -Bhikham Chak, Police Station -Bachhawara, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kundan Kumar, Advocate For the Opposite Party :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 44 of 2024 dated 29.03.2024 registered for the offences punishable under Sections 457, 380, 411 and 414 of the I.P.C.

3. As per the prosecution case, some unknown miscreants entered the house of the informant in the night and stole a box containing Rs. 90,000/- and ornaments of golden and silver. The police came and apprehended the petitioner who disclosed the names of his other associates who had managed to flee away from the place of occurrence. The police apprehended

Patna High Court CR. MISC. No.51342 of 2024(2) dt.12-08-2024 2/3 two persons alongwith the motorcycle and stolen articles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that as per the F.I.R., the petitioner was arrested near the place of occurrence but no incriminating article has been recovered from his conscious possession. It is further submitted that the real fact is that the petitioner was arrested at Chalki Chowk at 3.30 A.M. on 29.03.2024 which is about 4 K.M. far away from the place of occurrence when he was in unconscious position and due to his unconscious position, he disclosed the names of other co-accused persons. The petitioner has been made accused in the present case only on the basis of suspicion. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 29.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.51342 of 2024(2) dt.12-08-2024 3/3 the satisfaction of learned S.D.J.M. Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 44 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T