Sanni Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13963 of 2023 Arising Out of PS. Case No.-518 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Sanni Kumar Paswan Son of Rambujhawan Paswan @ Ram Bujhan Paswan Resident Of Village - Mabbi Belauna, P.S.- Mabbi O.P. Darbhanga Sadar, District - Darbhanga.
... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Darbhanga Sadar (Mabbi O.P.) P.S. Case No. 518 of 2022 registered for the offence under Sections 341, 342, 323, 363, 364, 387 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 25.08.2022.
The allegation against the petitioner is to kidnap the informant alongwith other co-accused persons with intention to cause death and also snatched chain and ring, which was made
Patna High Court CR. MISC. No.13963 of 2023(2) dt.27-06-2023 2/3 up of silver.
Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely in present case out of previous enmities. It is also submitted that no incriminating material recovered/surfaced during the course of investigation to connect petitioner prima facie with the present occurrence. It is also submitted that similarly situated co-accused, namely Prem Kumar @ Karan Kumar has already been granted bail by the learned co-ordinate Bench of this Court through Cr. Misc. No. 66348 of 2022 dated 19.04.2023. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail, and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail Considering the facts and circumstances as mentioned above as nothing incriminating material recovered/surfaced during the course of investigation to connect petitioner, prima facie with the present occurrence, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 25.08.2022, accordingly, petitioner above named,
Patna High Court CR. MISC. No.13963 of 2023(2) dt.27-06-2023 3/3 is directed to be released on bail in connection with Darbhanga Sadar (Mabbi O.P.) P.S. Case No. 518 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T