Hari Paswan @ Belwa Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.987 of 2024 Arising Out of PS. Case No.-143 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Hari Paswan @ Belwa Paswan S/o Late Shobhit Paswan R/o vill - Bhiswa Bazar, ward no .01, P.S. - Bela, Distt. - 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.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act.

The prosecution case in nutshell is that 6 to 7 miscreants, variously armed, entered into the house of informant after breaking the lock of gate and 10-12 miscreants have surrounded his house from outside. They took out the ornaments of his father, his wife and

Patna High Court CR. MISC. No.987 of 2024(2) dt.23-01-2024 2/3 ornaments kept in the Almirah and taken away Rs. 2,17,000/-. It is further alleged that the miscreants have taken away CCTV camera and also exploded bomb in course of fleeing away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of petitioner sprang up in this case on confessional statement of co-accused person which has no evidentiary value in the eye of law. The petitioner has still not been put on T.I.P. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 03.06.2023. 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,

Patna High Court CR. MISC. No.987 of 2024(2) dt.23-01-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kanhauli P.S. Case No. 143 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi.

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