Indrajeet Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66353 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- PIPRA District- Supaul ====================================================== Indrajeet Paswan, S/o- Gannu Paswan, R/o- Village- Belmohan, P.S.- Phulparas, District- Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Pipra P.S. Case no. 157 of 2022 (corresponding to G.R. no.1349 of 2022) registered under sections 395 and 397 of the Indian Penal Code.
3. As per the prosecution case, eight to ten unknown accused persons assaulted the informant as also his wife and committed loot by taking away Rs.1.5 lacs in cash besides other articles, details of which has been given in the FIR. The informant states that he identified one of the accused as Sajjan Mukhiya.
4. Learned counsel for the petitioner submits that the F.I.R was registered against Sajjan Mukhiya and eight to ten unknown accused persons. Referring to the material that has
Patna High Court CR. MISC. No.66353 of 2023(2) dt.16-10-2023 2/3 transpired in course of investigation which has come in the order of the learned trial Court rejecting the application for bail of the petitioner, learned counsel for the petitioner submits that the prosecution in their case against this petitioner are mainly relying on the confessional statement of co-accused Mukesh Paswan, Mithilesh Mandal, Gunsagar Paswan, Rudal Paswan, Suraj Paswan and Jungal Paswan made before police. No incriminating article has been recovered from the petitioner's possession. The petitioner is in custody since 1.4.2023 and charge-sheet has been submitted in the case.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation as recorded in the order of the learned trial Court, no incriminating article having been recovered from the petitioner's possession, the petitioner being in custody for more than 6 months since 1.4.2023 and charge-sheet having been submitted in the case without putting the petitioner on T.I.Parade, the petitioner is directed to be enlarged on bail in connection with Pipra P.S. Case no. 157 of 2022 (corresponding to G.R. no.1349 of 2022), on furnishing
Patna High Court CR. MISC. No.66353 of 2023(2) dt.16-10-2023 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VIth Supaul. (Partha Sarthy, J) avinash/- U T