Hirday Paswan @ Hriday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57889 of 2022 Arising Out of PS. Case No.-368 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== Hirday Paswan @ Hriday Paswan Son of Shankar Paswan Resident of Krit Nawada, P.S- Chandauti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Belaganj P.S. Case No. 368 of 2020 lodged under Sections 395 of the I.P.C.

As per the prosecution case, the allegation of robbery is against the 10-12 unknown criminals. From the house of Fonu Yadav, they had looted cloth and jewelery amounting Rs. 2,00,000/- and other articles amounting Rs. 7,00,000/-. From the house of Nagina Yadav, they have looted articles of Rs. 2,00,000/- and F.I.R. has been lodged against unknown persons.

Patna High Court CR. MISC. No.57889 of 2022(3) dt.15-02-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner's name has been figured in this case by the virtue of confessional statement of the co-accused namely Anuj Paswan and thereafter, police has immediately lodged 8 criminal cases against the petitioner, out of which he is on bail in 2 cases. He further submits that nothing incriminating has been recovered from the possession of the petitioner, neither he nor any article belongs to him or looted in crime have been put on T.I.P. He submits that the present case has been going on only and only on by the virtue of suspicion. Counsel further submits that other co-accused persons of the same case have been granted bail by this Hon'ble Court vide order dated 17.10.2022 in Cr. Misc. No. 17873 of 2022 and Cr. Misc. No. 21354 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 Additional Chief Judicial Magistrate

Patna High Court CR. MISC. No.57889 of 2022(3) dt.15-02-2023 3/3 II, Gaya in connection with Belaganj P.S. Case No. 368 of 2020, 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.) ashishsingh/- U T