Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14813 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- CHANDAUTI District- Gaya ====================================================== GUDDU PASWAN Son of Ramashray Paswan Resident of Village- Kusap, P.S.- Tekari, District- Gaya, At present Village- Sadhu Nagar, P.S.- Khijarsarai, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Adv For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.

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

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Chandauti P.S. Case No. 02 of 2020 registered under Section 394 of the Indian Penal Code.

Patna High Court CR. MISC. No.14813 of 2021(4) dt.20-09-2021 2/3 The informant was a collection agent and he was carrying Rs. 2,92,000/- for making deposits. He has been accosted by three persons on motorcycle who have fired upon him and snatched the bag.

It is submitted by petitioner's counsel that the FIR has been lodged against unknown persons. The petitioner, owing to his criminal antecedent, has been implicated in this case. His implication has led to no recovery. During investigation some persons have given their statement alleging that they have witnessed the occurrence. However, the petitioner, till date, has not been put on T.I. Parade. He is in custody now since 16.6.2020 in this case. He also has three criminal antecedents as per disclosure made in para 3 of the bail application. He is stated to be on bail in two out of three cases mentioned in the paragraph 3.

Learned APP has submitted that witnesses have seen the petitioner.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing

Patna High Court CR. MISC. No.14813 of 2021(4) dt.20-09-2021 3/3 bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya in Chandauti P.S. Case No. 02 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U