Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62936 of 2025 Arising Out of PS. Case No.-31 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Mithun Paswan S/o Sigul Paswan R/o Village- Belmohan P.S- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Pallavi, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-09-2025 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 sections 395 and 120B of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.

3. The case of the prosecution, in short, is that the informant was sleeping in his house along with his wife when, in the meantime, some miscreants entered into the premises and looted cash, gold, silver jewellery, a cheque book and other articles. It is alleged that miscreants altogether looted a sum of Rs. 2,65,000/- in cash along with the aforesaid jewellery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the

Patna High Court CR. MISC. No.62936 of 2025(2) dt.10-09-2025 2/2 FIR has been lodged against unknown miscreants. It is further submitted that the petitioner was apprehend in Phulparas P.S. Case No. 207 of 2023 and in that case he has confessed his guilt. It is further submitted that nothing has been recovered from his conscious possession. It is further submitted that he has been framed in this case only on the basis of his antecedents. It is also submitted that the petitioner has not been put on Test Identification Parade (TIP). Moreover, the petitioner is languishing in judicial custody since 11.02.2025.

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

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajauli P.S. Case No. 31 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 Judicial Magistrate, 1st Class Madhubani/concerned Court. (Ashok Kumar Pandey, J) Jagdish/- U T