Sashi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68396 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- RUDRAPUR District- Madhubani ====================================================== SASHI PASWAN, S/O SHRI HIRA PASWAN Resident of villageBelmohan, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Rudrapur P.S. Case No. 54 of 2021 registered for the offence(s) punishable under Section(s) 457 and 380 of the Indian Penal Code.

As per the prosecution, the informant alleged that a theft was committed at his house by unknown miscreants and in the meantime, with the help of villagers the informant apprehended one Amrendra Paswan.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner was not apprehended at the spot and co-accused Amrendra Paswan, who was carrying criminal antecedents of eight cases and was

Patna High Court CR. MISC. No.68396 of 2022(2) dt.24-03-2023 2/2 apprehended at the spot while committing the offence of theft in the house of the informant, has been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 64295 of 2021 and the case of this petitioner stands on better footing from him as he is not named in the FIR and after his arrest, he was not put on Test Identification Parade and he has been languishing in jail since 20.04.2022 and against him, investigation has been completed.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Rudrapur P.S. Case No. 54 of 2021.

(Shailendra Singh, J) Sanjay/- U T