Babu Saheb Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66569 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Babu Saheb Paswan S/o Ram Vriksha Paswan R/o - Rajanpura Ward No.12, P.S - Andhratharhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhairavsthan P.S. Case No. 58 of 2024 dated 07.06.2024 registered for the offences punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, 9 to 10 miscreants entered the house of the informant after breaking the lock of the main gate and while they were trying to break the another door then the informant and his wife woke up and they came out from the room. They saw that 9 to 10 miscreants were standing there and all of sudden, all the accused persons tied their hands and hid their face by cloth and started to assault them with rod

Patna High Court CR. MISC. No.66569 of 2024(3) dt.16-12-2024 2/3 and also threatened to kill them if they did not sit quietly. Thereafter, 6 to 7 persons entered his room and took out Rs. 8.50 lakhs in cash and gold of 10 bhari worth Rs. 7 lakhs after breaking the locker and they also took away silver and golden ornaments kept as mortgage and thereafter, they fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired during the course of investigation. No stolen or looted article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with

Patna High Court CR. MISC. No.66569 of 2024(3) dt.16-12-2024 3/3 Bhairavsthan P.S. Case No. 58 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T