Sheo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53897 of 2022 Arising Out of PS. Case No.-270 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== SHEO PASWAN Son of Late Bira Paswan Resident of village - Leela Bigha, P.S.- Obra, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 461, 379, 511, 427 of the Indian Penal Code. Prosecution case, in short, is that on 02.09.2021 at about 12.15 in the night some unknown miscreants have attempted to commit loot of ATM and they also damaged the glass of CCTV of the ATM.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2022. Charge sheet has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.53897 of 2022(2) dt.21-12-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case on the confessional statement of the co-accused. Except for this, there is no substantive evidence to suggest the implication of the petitioner in this case.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Arwal in connection with Arwal P.S. case No.270/2021.

(Sudhir Singh, J) Narendra/- U T