Amarjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69726 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- BISHANPUR CHOWK DistrictDarbhanga ====================================================== Amarjit Paswan Son of Vishwanath Paswan R/V- Sahora, P.S- Ashok Paper Mill, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Bishanpur P.S. Case No. 113 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution, the informant's motorcycle, a mobile phone and other articles were looted by three unknown miscreants by brandishing weapons.

The main submissions advanced by the learned counsel for the petitioner are that though the petitioner has criminal antecedents of four cases but in the present matter there is no material to connect him to the alleged offence of loot, as per the prosecution, some articles including a motorcycle were

Patna High Court CR. MISC. No.69726 of 2022(2) dt.22-03-2023 2/3 recovered from the possession of this petitioner regarding which a seizure memo was prepared which is part of the FIR and in the said memo one Hero Honda Shine motorcycle is said to have been recovered from the possession of this petitioner, while as per the FIR the accused persons used a Hero Splendor motorcycle in the commission of the alleged loot and the alleged recovered motorcycle from the house of this petitioner has no connection with the motorcycle referred to in the FIR and other articles which are stated to have been recovered from the house of this petitioner are simply cloths and other household articles which also have no connection to the alleged crime as well as the same has not been referred to in the FIR and accordingly the petitioner has been falsely roped in this case. Further submission is that the petitioner 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 10.09.2022.

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, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two

Patna High Court CR. MISC. No.69726 of 2022(2) dt.22-03-2023 3/3 sureties of the like amount each to the satisfaction of the concerned Court in connection with Bishanpur P.S. Case No. 113 of 2022.

(Shailendra Singh, J) Rajiv/- U T