Ajay Paswan @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78414 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Ajay Paswan @ Ajay Kumar S/O Lalan Paswan R/ Village- Madhura Uttar, P.S- Fulkaha, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhaptiyahi P.S. Case No. 130 of 2022 instituted for the offence under Section 379 of the Indian Penal Code.

3.

As per prosecution case, it is case of theft of informant's motorcycle bearing Reg. No. BR50Q-2677 by unknown miscreants.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-07-2023. Petitioner bear four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.78414 of 2023(2) dt.06-12-2023 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the recovered motorcycle. His name has been dragged in this case on confessional statement of Co-accused, namely, Santosh Kumar Singh. Other co-accused persons have been allowed bail by Co-ordinate Bench of this Court vide order dated 29-08-2023, passed in Cr. Misc. No. 55060 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhaptiyahi P.S. Case No. 130 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T