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2025 DAILYLAW 64879 (PAT)

Mithu Paswan @ Mitthu Paswan v. The State of Bihar

CR. MISC./57255/2025 · 2025-09-10

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57255 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Mithu Paswan @ Mitthu Paswan S/o Mohan Paswan R/o Village - Shani Mandir Gulabbagh, Ward no. 37, P.S - Sadar, District - Purnea ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikram Singh For the Opposite Party/s : Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 44/2025 dated 24.01.2025 registered for the offences punishable u/s 338, 336(3), 340(2), 331(4), 303(2), 317(5), 310(4), 310(5) read with Section 3(5) of the B.N.S. and Sections 25(1-B)(a), 26 and 35 of the Arms Act. 3. As per the prosecution case, an iron khanti and a dabiya were recovered from the possession of the petitioner when he along with other co-accused persons were assembled to commit dacoity. Further, the petitioner and the co-accused persons disclosed that earlier on 23.12.2024 they committed Patna High Court CR. MISC. No.57255 of 2025(3) dt.10-09-2025 2/3 robbery of two silver idols out of which one silver idol was buried in the house of the petitioner and another silver idol was recovered from house of the co-accused, Hiralal Kumar Rajbhar. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one antecedent as stated in para 5 of the Supplementary Affidavit. The petitioner is in custody since 15.01.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with S.T. No. 167/2025 arising out of Sadar P.S. Case No. 44/2025, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable Patna High Court CR. MISC. No.57255 of 2025(3) dt.10-09-2025 3/3 cause, the bail bonds of the petitioner is liable to be cancelled. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T