Raushan Kumar Paswan @ Raushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69708 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== RAUSHAN KUMAR PASWAN @ RAUSHAN PRASAD S/O Bhuneshwar Paswan @ Bhuneshwar Bind R/O Village- Chilbili, P.S- Kudra, DistrictKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Sasaram Rail P.S. Case No. 152 of 2022 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

As per the prosecution, the informant alleged that the petitioner stole his mobile phone when he had gone to

Patna High Court CR. MISC. No.69708 of 2022(2) dt.21-03-2023 2/3 the railway station to see off his sister and brother-in-law and on raising alarm, the petitioner was caught by the police party. It is further alleged that the informant's mobile phone was recovered from the conscious possession of this petitioner.

The main submissions advanced by petitioner's counsel are that the petitioner is an innocent person and has been falsely implicated by the police with an ulterior motive and there is no independent eye-witness of the alleged recovery of the stolen mobile phone and against the petitioner, there is criminal antecedent of only one case, in which he is on bail and he has been languishing in jail since 30.07.2022.

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

In view of the facts, as stated above and mainly considering the custody period of the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.69708 of 2022(2) dt.21-03-2023 3/3 the Court concerned in connection with Sasaram Rail P.S. Case No. 152 of 2022.

(Shailendra Singh, J) annu/- U T