Kunal Paswan @ Kunal Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49289 of 2022 Arising Out of PS. Case No.-766 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== KUNAL PASWAN @ KUNAL KUMAR PASWAN S/o AShok paswan Resident of Village/Mohalla Haldhar Jha Lane Barari P.S. Barari, District - Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 457, 380 and 411 of the Indian Penal Code.

Prosecution allegation, in short, is that grocery articles of the informant was stolen from his shop.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.11.2021. Chargesheet/prosecution report has been submitted in this case. There

Patna High Court CR. MISC. No.49289 of 2022(2) dt.21-12-2022 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the allegation, theft was committed in grocery shop. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accuseds have been granted bail vide orders dated 30.08.2022 passed in Cr. Misc. No. 28979 of 2022 and dated 25.11.2022 passed in Cr. Misc. No. 46084 of 2022, passed by Coordinate Benches of this Court.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 766/21.

(Sudhir Singh, J) Pankaj/- U T