Sachin Kumar Paswan @ Sachin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68974 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Sachin Kumar Paswan @ Sachin Paswan Son Of Shyam Paswan R/O Vill - Saharghat Nagar Tol, P.S. - Saharghat, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar Mahto For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, four unknown miscreants have committed loot of motorcycle, cash of Rs. 37,500/- and mobile phone of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessionals statement of other co-accused person before the police which has got no evidentiary value in the eye of law.

Patna High Court CR. MISC. No.68974 of 2023(2) dt.03-11-2023 2/2 Nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 17.10.2023 in Cr. Misc. No. 67202 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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. The above named petitioner is directed to be released on bail in connection with Saharghat P.S. Case No. 70 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 J.M. 1st Class, Benipatti, Madhubani. (Sunil Kumar Panwar, J) shubham/- U T