Dipak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5244 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== Dipak Paswan S/O- Ramdev Paswan Resident of Village- Jagatpur Dakshinwari, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

It is alleged that six unknown criminals overtook the truck of the informant and robbed cash of Rs. 10,000/- and mobile of the informant and Khalashi. The accused persons also assaulted the informant and Khalashi and also robbed 12-13 packets of wheat.

Patna High Court CR. MISC. No.5244 of 2024(2) dt.07-02-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The name of the petitioner sprang up on the confessional statement of co-accused Rahul Kumar which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 27.06.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.5244 of 2024(2) dt.07-02-2024 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Rahika P.S. Case No. 75 of 2023.

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