Pawan Kumar Paswan @ Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63195 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== Pawan Kumar Paswan @ Adarsh Kumar S/O Badri Paswan @ Chaturghan Paswan R/O Raichor, P.S- Chandramandih, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. Allegation against the two unknown miscreants is that they stopped the bike of the informant and assaulted the informant along with his brother and thereafter, they snatched the bag of the informant on gun point and in the bag, there were laptop, three mobiles, two finger print devices and cash of Rs. 2 lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The

Patna High Court CR. MISC. No.63195 of 2023(2) dt.09-10-2023 2/2 petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused person, namely, Karamvir Paswan before the police which has got no evidentiary value in the eye of law. Neither any looted article has been recovered from the conscious possession of the petitioner nor he has been put on TIP as yet. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandramandih P.S. Case No. 107 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui. (Sunil Kumar Panwar, J) Shubham/- U T