Satrughan Paswan @ Jhotali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3662 of 2022 Arising Out of PS. Case No.-574 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Satrughan Paswan @ Jhotali S/O Krishna Paswan R/o village- Krit Nawada, P.S.- Chandauti, District- Gaya 2.

Arjun Paswwan S/O Nathun Paswan R/o village- Krit Nawada, P.S.- Chandauti, District- Gaya 3.

Bhutali Paswan S/O Nathun Paswan R/o village- Krit Nawada, P.S.- Chandauti, District- Gaya 4.

Santu Kumnar @ Bhanta S/O Awadhesh Pswan @ Bhola Paswan R/o village- Krit Nawada, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-05-2022 Heard learned counsel for the petitioners and learned APP for the State in virtual court proceeding. Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Petitioners seek bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The F.I.R. of the occurrence of loot is against unknown.

Patna High Court CR. MISC. No.3662 of 2022(2) dt.20-05-2022 2/3 Learned counsel for the petitioners submit that the petitioners are innocent and they have been falsely implicated in the present case only on the basis of confessional statement of co-accused Anuj Paswan. He further submits that nothing has been recovered from the conscious possession of the petitioners and till date no test identification has been conducted by the prosecution. He further submits that the police after investigation submitted chargesheet against the petitioners under Sections 395/397 of the Indian Penal Code and the petitioners are in custody since 20.03.2021.

Learned APP for the State has opposed the prayer for bail of the petitioners and submits that the petitioners carry four more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Wazirganj P.S. Case No. 574 of 2020, with the following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.3662 of 2022(2) dt.20-05-2022 3/3 Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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.

(Rajesh Kumar Verma, J) Ibrar//- U T