Bindhyachal Kumar @ Bindhyachal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56931 of 2022 Arising Out of PS. Case No.-163 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Bindhyachal Kumar @ Bindhyachal Paswan S/O Prithwi Paswan @ Prithwi Ram Resident Of Village- Karpurwa, P.S.- Darigaon, District- Rohtas (Sasaram).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mohania P.S. Case No. 163 of 2019 registered under sections 379 of the Indian Penal Code and added Section 411 of I.P.C.

It is a case of theft of two trucks loaded with sacks of rice.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present only on suspicion. The name of the petitioner came into light in this case only on the basis of confessional statement of co-accused, namely, Arvind

Patna High Court CR. MISC. No.56931 of 2022(2) dt.18-01-2023 2/2 Kumar Pal. It is further submitted that petitioner has no concern with the stolen article and nothing has been recovered from his conscious possession rather the other co-accused has direct complicity in this offence. Petitioner is not named in F.I.R. Similarly situated several co-accused persons have already been granted bail by this co-ordinate Bench of this Court which is annexed as Annexure-2 series. Petitioner is languishing in judicial custody since 16.06.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mohania P.S. Case No. 163 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 A.C.J.M, Mohania, District- Kaimur.

(Sunil Kumar Panwar, J) shubham/- U T