Bhutan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60758 of 2021 Arising Out of PS. Case No.-817 Year-2020 Thana- BIHTA District- Patna ====================================================== Bhutan Paswan Son Of Late Akshay Paswan Resident Of Village - Parari, P.O.- Tara Nagar (Bihta) - 801103, P.S.- Bihta, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.K.M.Joseph For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 307, 392 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per F.I.R is that on the alleged date of occurrence, when his son was coming to the house after closing his shop, then unknown criminals riding on a motorcycle had shot at him in the way and fled away after taking his bag having rupees two lakhs cash.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.60758 of 2021(3) dt.18-01-2023 2/2 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Bhola Sao. The petitioner and the informant belong to the same village, hence, not naming the petitioner in the F.I.R creates doubt about the authenticity of the prosecution version. The petitioner is languishing in custody since 01.12.2020.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 817 of 2020.
(Sunil Kumar Panwar, J) Shageer/- U T