← Library
Patna High CourtCR. MISC./55647/2023dismissed

Badal Paswan v. The State Of Bihar

2023-08-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55647 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- BIRPUR District- Supaul ====================================================== BADAL PASWAN S/o LATE BAIJNATH PASWAN R/o vill - Naya Tola Jurabganj, P.S. - Kodha, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anup Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard the parties.

The petitioner is an accused in connection with Birpur P.S. Case No. 95 of 2023 registered for the offences under sections 356 and 379 of the Indian Penal Code lodged on 17.03.2023 by the informant, Baleshwar Jha.

As per the prosecution story, the allegation is that the informant after withdrawing money (Rs. 2,20,000/-) from the Central Bank of India, Birpur Branch was returning. When two persons on a motorcycle snatched the bag with content amongst other, a cheque of Rs. 1 lakh also. Accordingly, the FIR. Subsequently on the basis of CCTV footage, the petitioner was identified, apprehended and the looted amount as also the blue bag in which it was kept were recovered from him. Learned Counsel for the petitioner submits that only

Patna High Court CR. MISC. No.55647 of 2023(2) dt.28-08-2023 2/2 because of his criminal antecedent, he has been implicated in this case.

Learned APP for the State, on the other hand, has taken this Court to the learned Sessions Judge order to show that the bag and the amount were recovered from the petitioner's house.

In view of the aforesaid facts, for the present, this Court is not inclined to extend him privilege of bail, which is accordingly rejected.

(Rajiv Roy, J) Neha/- U T