Shibu Paswan @ Shivnandan Paswan @ Shivandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59019 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHIBU PASWAN @ SHIVNANDAN PASWAN @ SHIVANDAN PASWAN S/O LATE JAGESHWAR PASWAN R/O VILLAGE- SINGHAUL, WARD NO. 1, PS. MUFFASIL (SINGHAUL O.P), DIST. BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 394, 397 and 411 of the Indian Penal Code.
3. As per prosecution case, the allegation against four unknown miscreants is that they robbed the informant and one of the miscreants imparted bamboo blow on the head of the informant due to which, he sustained injuries and all the
Patna High Court CR. MISC. No.59019 of 2023(2) dt.12-09-2023 2/3 miscreants took away the motorcycle of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 11.08.2023 passed in Cr. Misc. No. 50094 of 2023. He is languishing in judicial custody since 06.04.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with
Patna High Court CR. MISC. No.59019 of 2023(2) dt.12-09-2023 3/3 Begusarai Muffasil P.S. Case No. 198 of 2023. (Sunil Kumar Panwar, J) arish/- U