Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53748 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Suresh Paswan Son of Ramdev Paswan Resident of Village - Orsabad, P.S.- Shambhuganj, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. K. Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 91 of 2022 lodged under Sections 379/411of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged about theft of motorcycle from Shitla Asthan against unknown.

Learned counsel for the petitioner submits that the F.I.R. has been filed against unknown accused persons. Counsel submits that the name of the petitioner has figured in this case due to the reason that the petitioner and one other Chamak Lal Paswan were apprehended with the stolen motorcycle by Asarganj Police Station under Munger District.

Patna High Court CR. MISC. No.53748 of 2022(2) dt.22-12-2022 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the petitioner aged about 70 years and does not know about driving. He further submits that under wrong impression, he was pillion of the motorcycle and police has apprehended him. He submits that petitioner is in custody since 17.06.2022 having clean antecedent. Counsel further submits that the another person who was driving the motorcycle has been granted bail by the Co-ordinate Bench of this Court vide order dated 16.12.2022 passed in Cr. Misc. No. 55920 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhagalpur in connection with Sultanganj P.S. Case No. 91 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T