Amit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81042 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Amit Kumar Paswan S/O Gurudeo Paswan R/O Village- Dilawarpur Ward No.-21, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhagalpur Rail P.S. Case No. 97 of 2023 instituted for the offence under Sections 414 of the Indian Penal Code. 3.

Prosecution case in short is that during course of patrolling duty at the 'Bhagalpur Railway Station', police party found the petitioner sitting under foot over bridge, and on seeing the police, he tried to fled away but was apprehended, and on search one mobile phone, small scissor and a blade was recovered from his possession.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-05-2023. Petitioner

Patna High Court CR. MISC. No.81042 of 2023(2) dt.22-12-2023 2/2 bears 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 counsel that petitioner has been falsely implicated in the present case. He has become victim of the circumstances. Charge-sheet has already been submitted under Section 414 of the IPC, in the instant case.

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 the fact that charge sheet has already been submitted, 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 Bhagalpur Rail P.S. Case No. 97 of 2023.

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