Bittu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58577 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- GURARU District- Gaya ====================================================== BITTU PASWAN S/o Ramashray Paswan R/o village- Budh Paraiya, P.S.- Paraiya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Guraru P.S. Case No. 98 of 2022 for the offence registered under Section 379 of the Indian Penal Code.

The allegation is regarding unknown miscreants having stolen the motorcycle of the petitioner on 03.06.2022.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in

Patna High Court CR. MISC. No.58577 of 2022(2) dt.06-01-2023 2/3 custody since 10.07.2022. The learned counsel for the petitioner has further submitted, by referring to paragraphs no. 7 & 8 of the present petition, that though the stolen motorcycle was recovered on 29.06.2022, from a place near Guraru Sugar Mill but the petitioner was arrested only on 10.07.2022, hence the petitioner is not having any complicity in the matter.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the aforesaid materials available on record as also considering the statements made in paragraphs no. 7 & 8 of the present petition, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.58577 of 2022(2) dt.06-01-2023 3/3 of learned Judicial Magistrate- 1st class, Gaya in connection with Guraru P.S. Case No. 98 of 2022. (Mohit Kumar Shah, J) S.Sb/Saurav U T