Pritam Paswan @ Pritam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4031 of 2025 Arising Out of PS. Case No.-505 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Pritam Paswan @ Pritam Kumar S/O Aachran Paswan @ Aashcharan Paswan Village- Barabaudha, PO and PS- Sugauli, District- East Champaran, 845456 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar, Adv.
For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 505 of 2023 dated 28.04.2023 registered for the offence punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that on 28.04.2023 the informant and his colleague Karan Kumar who were posted in Bharat Finance Indosin Bank at Kotwa Branch, held a group meeting at Netua Toli from 07:45 hrs to 9:30 hrs and took the collected amount of Rs. 38,429/- in a brown colour bag and proceeded for Tan Saraiya,
2/4 Turkauliya. On the way, when they reached 250 metres ahead of Shankar Saraiya Chowk, two persons riding on a Pulsar motorcycle, without having its registration number, overtook and stopped them and looted the informant's bag containing Rs. 38,249/- at gunpoint and fled away.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that F.I.R. has been lodged against two unknown persons. During the investigation, the petitioner's name has surfaced for the first time, when the petitioner was apprehended in Chiraiya P.S. Case No. 373 of 2023. The petitioner's confessional statement has been recorded in Chiraiya P.S. Case No. 373 of 2023 where he confessed his guilt and also confessed about the involvement in the present case and only on that basis, the petitioner has been made accused in this case. It is submitted that eight criminal cases has been lodged against the petitioner. It is further submitted that during the course of investigation, the petitioner has been made accused in all the cases. It is submitted that no looted articles/cash was recovered from the petitioner. No T.I.P. has been conducted
3/4 till date. Lastly, it has been submitted that the petitioner is in custody since 03.09.2023, having eight criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Turkauliya P.S. Case No. 505 of 2023, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
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3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner shall appear before the Police Station of his local area every fortnight to mark his attendance till conclusion of the trial.
(Khatim Reza, J) prabhat/- U T