Ranjit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.12921 of 2021 Arising Out of PS. Case No.-350 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== RANJIT PASWAN Son of Late Munna Paswan Resident of Village- Deodha, P.S.- Deep Nagar, Distt- Nalanda.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar,Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-06-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Deep Nagar P.S. Case No. 350 of 2020 registered for the offences punishable under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is of looting of cash and gold ornaments on the point of pistol from the informant. Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that save and except confessional statement of the petitioner there is no other materials to connect him with this case. The petitioner is in
Patna High Court CR. MISC. No.12921 of 2021(2) dt.16-06-2021 2/3 custody since 18.10.2020 having no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein this Court has noticed the submissions of learned counsel for the petitioner that save and except the confessional statement of the petitioner there is no other material to connect him with the present case and that the recovery of hasuli on the basis of the confessional statement is nothing but a concocted story, further submission that the chargesheet has been filed in this case under Section 392 IPC after completion of investigation but the trial is not likely to be concluded, the petitioner has remained in jail in connection with this case for about 8 months and prior to the present case, he had no criminal antecedent, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M. Nalanda, in connection with Deep Nagar P.S. Case No. 350 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.
Patna High Court CR. MISC. No.12921 of 2021(2) dt.16-06-2021 3/3 (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.