Uttam Kumar @ Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57476 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== UTTAM KUMAR @ RAJU PASWAN S/o SHIV SHANKAR PASWAN R/o VILLAGE-DHANARUA, P.O-BAGDAHA, P.S-BODH GAYA, DISTRICTGAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sherghati (Dobhi) P.S. Case No. 117 of 2021 (G.R. No. 278 of 2021) for the offence registered under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having arrived at the room of the informant whereafter they are stated to have snatched cash amount and mobile phone from the informant and his companions.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.57476 of 2021(2) dt.13-01-2022 2/3 in custody since 10.03.2021. The learned counsel for the petitioner has further submitted that the petitioner is accused in one other case but he is on bail in the said case. It is also submitted that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime. Lastly, it is submitted that no looted articles have been recovered from the conscious possession of the petitioner. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no T.I. Parade has been held till date so as to connect the petitioner with the alleged crime and moreover no illicit articles have been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.57476 of 2021(2) dt.13-01-2022 3/3 Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 117 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T