Jitendra @ Karu Paswan @ Karun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7449 of 2024 Arising Out of PS. Case No.-170 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Jitendra @ Karu Paswan @ Karun Paswan Son of Ganesh Paswan @ Vigan Paswan R/o vill - Khoksa Kalyan, Khoksa Buzurg, P.S. - Desari, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Mahnar P.S. Case No.170 of 2022, lodged on 22.06.2022, under Section 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four unknown accused persons against whom there is an allegation of committing robbery in the informant's bank.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner's name has figured in this case by virtue of confessional statement of co-accused. The said co-accused has been granted bail by a co-ordinate Bench of this Court vide
Patna High Court CR. MISC. No.7449 of 2024(2) dt.17-02-2024 2/3 order dated 21.08.2023 passed in Cr. Misc. No. 66764 of 2022 and Cr. Misc. No.30238 of 2023. Counsel further submits that the petitioner is in custody since 19.08.2023 and there are six more criminal cases pending against the petitioner.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail after framing of the charge, if not framed, and the Court prior to release the petitioner on bail shall satisfy that he is not absconding in any one of the following cases i.e., (i) Bidupur P.S. Case No.70 of 2017, (ii) Desari P.S. Case No.79 of 2019, (iii) Raja Pakar P.S. Case No.43 of 2019, (iv) Raja Pakar P.S. Case No.34 of 2019, (v) Raja Pakar P.S. Case No.69 of 2019, and (vi) Hajipur P.S. Case No.463 of 2023, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No.170 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
Patna High Court CR. MISC. No.7449 of 2024(2) dt.17-02-2024 3/3 (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T