Patna High CourtCR. MISC./56745/2023dismissed

Radhe Paswan @ Uday v. The State Of Bihar

2023-10-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56745 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== RADHE PASWAN @ UDAY SON OF RAM KHELAWAN PASWAN RESIDENT OF VILLAGE - SAHWAJPUR, POLICE STATIOIN - ASTHAWAN, DISTRICT - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Asthawan P.S. Case No. 50 of 2023 registered for the offences punishable under Sections 379, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with two other co-accused persons committed theft in the said school. One person was apprehended on the spot and disclosed the name of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.56745 of 2023(2) dt.11-10-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. No theft article has been recovered from the possession of the petitioner. He has been made accused in the present case merely on the basis of the confessional statement of the apprehended co-accused. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T