Prabhash Paswan @ Prabhat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54912 of 2024 Arising Out of PS. Case No.-89 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Prabhash Paswan @ Prabhat Kumar SON OF FEKAN PASWAN VILLAGEKOTHIYA, PS- BHAIRAV STHAN, DIST- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Adv.
For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
Petitioner seeks bail in connection with Bhairav Asthan P.S. Case No.89 of 2023, registered for the offence punishable u/s 394 of the IPC.
3.
Allegedly, the petitioner along with other co-accused persons are said to have intercepted the motorcycle of the informant and assaulted him and his brother and also snatched mobile and Rs.3700/- cash from his brother.
4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. Petitioner has been made accused in this case on the basis of confessional statement of co-
Patna High Court CR. MISC. No.54912 of 2024(2) dt.14-08-2024 2/2 accused. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 18.06.2024. 5.
Learned APP for the State opposed the prayer for bail. 6.
Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected.
7.
However, petitioner is at liberty to renew his prayer for bail after framing of charge.
8.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T