Patna High CourtCR. MISC./62470/2023allowed

Rohit Paswan v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62470 of 2023 Arising Out of PS. Case No.-588 Year-2023 Thana- BIHAR District- Nalanda ====================================================== ROHIT PASWAN S/O SAHDEO PASWAN R/O VILLAGE- BIHARI BRIGHA, PS. ASTHAWAN, DIST. NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Choudhary For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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 392 of the Indian Penal Code.

3. As per FIR, the co-accused person was apprehended on the spot when he, the petitioner and other coaccused persons were trying to snatch cash Rs. 30,000/- from the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of

Patna High Court CR. MISC. No.62470 of 2023(2) dt.05-10-2023 2/2 co-accused. The petitioner has no concern with the alleged occurrence and he was not apprehended on the spot. Neither the petitioner was put on TIP nor any incriminating article has been recovered from his conscious possession. As per Annexure-2, good sense has also been prevailed between the parties. It is further submitted that the petitioner is languishing in judicial custody since 21.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihar P.S. Case No. 588 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 CJM, Biharsharif, Nalanda.

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