Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74931 of 2025 Arising Out of PS. Case No.-33 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Binod Paswan S/o Rajan Paswan @ Ranjan Paswan R/o Village- Kasiyadih Bishanpur, P.S.- Wazirganj, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Wazirganj P.S Case No. 33 of 2021 registered for the offences punishable under Sections 395 and 397 of I.P.C.

3. As per prosecution case, 4-5 unknown persons entered into the house of the informant, looted away sewing machine, one LCD TV, one laptop, two mobile set and other gold and silver jewelries and cash of Rs. 7000/- from the house of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR his name transpired from the confessional statement of the co-accused. It

Patna High Court CR. MISC. No.74931 of 2025(2) dt.19-11-2025 2/2 is also submitted that petitioner is in judicial custody since 27.08.2025. It is further submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 14.12.2022 passed in Cr. Misc. No. 5368 of 2022.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order, it appears that petitioner is not named in FIR, nothing has been recovered from the conscious possession of the petitioner. Coaccused has already granted bail by the Co-ordinate Bench of this Court vide order dated 14.12.2022 passed in Cr. Misc. No.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned ACJM- 1st, Gaya in connection with Wazirganj P.S Case No. 33 of 2021. (Ramesh Chand Malviya, J) Mayank/- U