Jibachh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79522 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== JIBACHH PASWAN Son of Khushilal Paswan Resident of Village and P.SKhutauna, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-06-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Khutauna P.S. Case No.61 of 2019 registered under Sections 457 and 380 of the Indian Penal Code.

The informant disclosed that theft was committed in his house. The neighbours of the informant disclosed that he saw three persons jumping from the roof. From the hand of one person, blood was oozing. The informant went to his house. A slipper was found on the place of occurrence. The Sniffer dog caught the petitioner on the basis of the slipper left out at the place of occurrence.

The learned counsel for the petitioner submits that nobody has seen the petitioner committing theft. The Sniffer dog wrongly identified the petitioner. Nothing has been recovered

Patna High Court CR. MISC. No.79522 of 2019(3) dt.04-06-2020 2/2 from the possession of the petitioner. Petitioner was giving milk to the informant and that is why he has falsely been implicated in the case. Petitioner is in jail since 25.06.2019. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that the petitioner is in jail for more than 11 months and he has got no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd, Jhanjharpur, DistrictMadhubani in connection with Khutauna P.S. Case No.61 of 2019, corresponding to G.R. No.985/2019.

(Prabhat Kumar Jha, J) Saurabh/- U T