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Patna High CourtCR. MISC./53766/2023allowed

Ritik Paswan v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53766 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Ritik Paswan Son Of Dukhan Paswan Resident Of Village- Nadiyain, PsGurua, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

3. According to FIR, the petitioner along with other co-accused persons hired informant's vehicle on rent and when they reached on a dislocated place they told to stop the vehicle and on the point of pistol, they blinded black gamchha on the eye of the informant and got down him from the vehicle and fled after taking the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.53766 of 2023(3) dt.28-11-2023 2/2 in FIR rather his name came into light in this case on the basis of suspicion. Nothing has been recovered from his conscious possession of the petitioner. Similarly situated other co-accused person has already been granted bail by different co-ordinate Bench of this Court vide order dated 01.08.2023 in Cr. Misc. No. 46774 of 2023. Moreover, the petitioner is languishing in judicial custody since 29.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 639 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T