Chhotu Paswan @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3658 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- DELHA District- Gaya ====================================================== CHHOTU PASWAN @ RAHUL KUMAR S/O LATE SANJAY PASWAN R/o Mohalla- Bageshwari Gumti, Bambaba, P.S.- Delha, 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.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-08-2022 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.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 386 of IPC and 27 of Arms Act.

Allegation against the petitioner and other co-accused persons is to demand rangdari and firing.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner has demanded ransom from the informant and in fact no occurrence has taken

Patna High Court CR. MISC. No.3658 of 2022(4) dt.16-08-2022 2/3 place as alleged in the FIR and the co-accused, namely, Narendra Kumar @ Nagendra Kumar @ Nagendra Paswan has been granted privilege of anticipatory bail vide order dated 08.06.2022 passed in Cr. Misc. No.70984 of 2021 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 20.07.2021. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases other than the present one. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Delha P.S. Case No.19 of 2021, with 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 shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.3658 of 2022(4) dt.16-08-2022 3/3 for cancellation of bail.

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.

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