Kundan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70467 of 2023 Arising Out of PS. Case No.-588 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Kundan Paswan S/O Indradeo Paswan R/O Village- Nijampura, P.SAsthawan, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Prasad For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 FIR, petitioner along with other co-accused persons snatched Rs. 30,000 from the informant and fled from there but one co-accused was apprehended who disclosed the name of other co-accused person along with this petitioner.
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 due to previous enmity. The petitioner was not apprehended on spot and also nothing looted article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.70467 of 2023(2) dt.06-11-2023 2/2 petitioner. 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 this Court vide order dated 05.10.2023 in Cr. Misc. No. 62470 of 2023. Moreover, the petitioner is languishing in judicial custody since 02.07.2023.
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 Bihar Police P.S. Case No. 588 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 Chief Judicial Magistrate, Bihar Sharif, Nalanda.
(Sunil Kumar Panwar, J) Shubham/- U T