Kulja Paswan @ Brahamdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64590 of 2023 Arising Out of PS. Case No.-362 Year-2022 Thana- KATORIYA District- Banka ====================================================== KULJA PASWAN @ BRAHAMDEO PASWAN Son of Katki Paswan R/o vill - Madhura, P.S. - Chandan, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. Brij Nandad Prasad, learned counsel appearing on behalf of the petitioner and Mr. Surendra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Katoria P.S. Case No. 362 of 2022 dated 22.09.2022 registered for the offence(s) punishable under Sections 461 and 379 of the Indian Penal Code.

3. Allegation, as per the FIR, is that the petitioner and one co-accused, Pappu Soren, have stolen a mobile phone containing SIM and cash of Rs.2,000/- from the shop of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and his name has surfaced in this case on the basis of the confessional statement of co-accused Pappu Soren in police custody. Petitioner has

Patna High Court CR. MISC. No.64590 of 2023(2) dt.17-10-2023 2/2 clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation levelled against the petitioner in the FIR as well as the facts that petitioner has clean antecedent and his name surfaced on the basis of confessional statement of co-accused Pappu Soren given in the police custody, which has no evidentiary value in view of Section 25 of the Indian Evidence Act, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 362 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Sanjay/- (Purnendu Singh, J) U T