Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54908 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== Chandan Paswan Son of Bachchan Paswan @ Bachandev Paswan Resident of village - Birpur, Bhagwati Ashthan, P.S.- Hasanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shishir Kumar Shishir, Advocate Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Larjha Ghat P.S. Case No. 1 of 2024 dated 01.01.2024 instituted for the offence punishable under Section 379 of the Indian Penal Code.

3. The prosecution case, in short, is that some unknown thieves have committed theft of sentring plate and iron rod pipe from Korihi bridge which was being used for making railway line.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. Only on the basis of confessional statement of co-accused, namely Manish Kumar @ Mankhush Kumar, the petitioner has

Patna High Court CR. MISC. No.54908 of 2024(2) dt.02-08-2024 2/2 been made accused in this case. Learned counsel for the petitioner further submits that nothing has been recovered either from the possession of the petitioner or from his house. The stolen articles were recovered from the scrap shop of co-accused, namely, Kapil Mahto @ Kapildeo Mahto, who has been granted bail vide order dated19.03.2024 passed by this Court in Criminal Miscellaneous No. 17719 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Larjha Ghat P.S. Case No. 1 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M I, Rosera, Samastipur, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T