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Patna High CourtCR. MISC./665/2024allowed

Hari Paswan @ Belwa Paswan v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.665 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Hari Paswan @ Belwa Paswan S/o Late Shobhit Paswan Resident of VillageBhiswa Bazar ward no. 01 Police Station - Bela, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner hasfiled the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the IPC & Section 27 of Arms Act.

The prosecution case in nutshell is that seven miscreants break into the house of informant after breaking the lock of main door. They took informant's wife and son in custody and thereafter, they took different types of gold and silver ornaments by breaking the Godrej.

Patna High Court CR. MISC. No.665 of 2024(2) dt.16-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Mithlesh Mandal and Mithlesh Mandal. Moreover, the petitioner is languishing in judicial custody since 30.11.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioner is directed to be enlarged on bail in connection with Bairgania P.S. Case No. 217 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.665 of 2024(2) dt.16-01-2024 3/3 to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi.

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