Rahul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64064 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- KOTHI District- Gaya ====================================================== Rahul Paswan Son of Arjun Paswan Resident of Village-Nawada, Police Station-Sherghati, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, the allegation against three unknown miscreants is that they boarded on a red Apache motorcycle came and snatched Rs. 1 lac sixty four thousand and mobile from the informant and fled away left their motorcycle. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case at the instance of his enemies due to local politics. Neither the petitioner is named in the FIR nor he has been put on TIP as yet. His name has been transpired in

Patna High Court CR. MISC. No.64064 of 2023(2) dt.11-10-2023 2/2 this case during investigation on the basis of confessional statement of co-accused Kamta Kumar after nine days of the institution of F.I.R. which does not get evidentiary value in the eye of law. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the I.O. forcibly took away Rs. 10,000/- from his house which belongs to his family members. Petitioner has got no criminal antecedent and languishing in judicial custody since 24.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Kothi P.S. Case No. 67 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, Sherghati, Gaya. (Sunil Kumar Panwar, J) lata/- U T