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Patna High CourtCR. MISC./54947/2023allowed

Raju Paswan @ Raju Kumar v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54947 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- PARAIYA District- Gaya ====================================================== Raju Paswan @ Raju Kumar Son Of Kamal Pasawan Resident Of Village - Kamaldah, P.S. - Paraiya, District - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, four unknown miscreants boarded on two motorcycles intercepted the informant and robbed Rs. 22,600/- along with other articles on the point of pistol and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered

Patna High Court CR. MISC. No.54947 of 2023(2) dt.30-08-2023 2/2 from his conscious possession. Moreover, similarly situated coaccused namely, Chhotan Paswan has already been granted bail by a co-ordinate Bench of this Court vide order dt. 24.8.2023 passed in Cr. Misc. No. 52870 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 7.9.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paraiya P.S. Case No. 17 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T