Patna High CourtCR. MISC./1075/2024bail granted

Rahul Kumar @ Abhay Paswan v. The State Of Bihar

2024-03-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1075 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Rahul Kumar @ Abhay Paswan Son of Shri Lalan Paswan R/o vill - Bahadi Bigha, P.O. - Orendra, P.S. - Venar, Distt - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Asthawan P.S. Case no. 12 of 2023 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, five unknown accused persons entered the house of the informant and on the point of pistol, knife etc looted Rs. 5.05 lacs in cash as also Rs.40,000/- in cash from the almirah besides other article including ornaments as stated in the FIR.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation when the informant allegedly identified three accused persons including the petitioner herein. Learned counsel submits that the case of the

Patna High Court CR. MISC. No.1075 of 2024(3) dt.21-03-2024 2/2 petitioner stands on a similar footing to that of co-accused Shrawan Yadav as also Shambhu Kumar who were both identified by the informant and enlarged on bail vide order dated 22.11.2023 passed in Cr. Misc. no.73012 of 2023 and order dated 5.3.2024 passed in Cr. Misc. no.71202 of 2023. The petitioner is in custody since 11.2.2023.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, grant of bail to Shrawan Yadav and Shambhu Kumar vide orders dated 22.11.2023 and 5.3.2024 respectively and the petitioner having remained in custody for more than 1 year since 11.2.2023, the petitioner is directed to be enlarged on bail in connection with Asthawan P.S. Case no.12 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-I, Biharsharif, Nalanda.

(Partha Sarthy, J) Shiv/- U T