Patna High CourtCR. MISC./342/2024allowed

Santosh Paswan v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.342 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- NOKHA District- Rohtas ====================================================== Santosh Paswan S/O Parsuram Ram @ Parshuram Paswan Resident of village- Jasideeh, P.S.- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, it is alleged that while the informant was returning after collecting cash, in the meantime, some miscreants intercepted him and snatched Rs. 46,400/- along with ATM cards.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR. His name came into light on the basis of confessional statement of co-accused Aman Hasmi which has got no evidentiary value in the eye of law. Neither the

Patna High Court CR. MISC. No.342 of 2024(2) dt.12-01-2024 2/2 petitioner was put on TI parade nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 13.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nokha P.S. Case No. 241 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2, Rohtas at Sasaram.

(Sunil Kumar Panwar, J) Amandeep/- U T