Karan Paswan @ Raviraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4578 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- LODIPUR District- Bhagalpur ====================================================== Karan Paswan @ Raviraj Son of Deep Narayan Paswan Resident Of Village - Bhusiya, P.S. - Rajoun, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lodipur P.S. Case No. 78 of 2023 instituted for the offences under Sections 392 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.
3. As per prosecution case, while the Informant was going to Sabour from Ishakchak on his Bullet Motorcycle, two unknown persons intercepted him. In the meantime, two miscreants, boarded on Apache motorcycle, intercepted him whereafter one of the accused persons took out the key of the motorcycle and the second person snatched his chain, locket, ring, purse containing Rs. 22,000/-, ATM Card, Aadhar Card, PAN Card, mobile as also some documents and fled away from there.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4578 of 2024(2) dt.02-02-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that the entire allegation as levelled against the petitioner is false and fabricated. The petitioner is not named in the F.I.R. and nothing incriminating article has been recovered from the conscious possession of the petitioner. The charge-sheet has already been submitted in this case and no T.I.P. has been conducted as yet. He further submits that petitioner has altogether six criminal antecedents but, in most of cases, he is on bail. The petitioner is languishing in judicial custody since 26.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account there being no specific allegation against the petitioner as also the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lodipur P.S. Case No. 78 of 2023, subject to the following conditions:- (i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.4578 of 2024(2) dt.02-02-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T