Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9895 of 2021 Arising Out of PS. Case No.-171 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== Mithun Paswan Son of Sigul Paswan Village- Belmohan, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Ms. Kumari Shubham, Adv.

For the Opposite Party/s :

Ms. Pushpa Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 395 and 397 of the Indian Penal Code and sections 3 and 4 of the Explosive Substance Act.

As per allegations in the F.I.R., ten unknown accused persons committed dacoity and looted ornaments worth about Rs.1.65 Lacs from the house of the informant. As a result of a bomb hurled, it is stated that the nephew of the informant was seriously injured.

It is submitted by learned senior counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation on the statement of a spy. Referring to the paragraphs of the case diary referred to in the order rejecting the application for bail of the petitioner, it is submitted that they are either the information provided by a spy or the confessional statement of some coaccused made before police. More than six months after the occurrence, in the supplementary case diary, some of the witnesses claim to have seen the petitioner. It is submitted that no incriminating article has been recovered from the petitioner's possession. Inspite of petitioner being in custody since 24.4.2020 and charge-sheet having been submitted in the case, he has not been put on T.I. parade.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Laukaha P.S. Case No. 171 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Madhubani. (Partha Sarthy, J) Bibhash U T