Vijay Paswan @ Vinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 390 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- AGRER District- Rohtas ====================================================== VIJAY PASWAN @ VINAY PASWAN, SON OF SRI CHANDESHWAR PASWAN @ CHANDESHWAR RAM, RESIDENT OF VILLAGEKHAPARA (CHANDI), P.S. AKORHI-GOLA, DISTRICT- ROHTAS AT SASARAM.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar, Advocate Ms. Bindu Kumari, Advocate For the Opposite Party/s :

Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Agarer P.S. Case no. 75 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, three accused persons on the point of pistol are said to have dispossessed and looted the informant of his tempo. They were assisted by one another who came on a motorcycle.

4. Learned counsel for the petitioner submits that the FIR was registered against four known. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in course of investigation. The prosecution is mainly relying on the criminal antecedents of the petitioner and the tower location of his mobile phone. No incriminating

Patna High Court CR. MISC. No. 390 of 2024(2) dt.24-01-2024 2/2 article has been recovered from the petitioner's possession and co-accused Abhimanyu Paswan has been enlarged on bail vide order dated 14.12.2023 passed in Cr. Misc. no. 80401 of 2023. The cause of false implication is his antecedents. He is in custody since 16.9.2023 and charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession, his being in custody for more than 4 months since 16.9.2023, charge-sheet having been submitted in the case and grant of bail to the above named co-accused Abhimanyu Paswan, the petitioner is directed to be enlarged on bail in connection with Agarer P.S. Case no. 75 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 District and Sessions Judge, Rohtas at Sasaram. (Partha Sarthy, J) avinash/- U T