Badal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9687 of 2024 Arising Out of PS. Case No.-95 Year-2023 Thana- BIRPUR District- Supaul ====================================================== BADAL PASWAN S/O- LATE BAIJNATH PASWAN R/O- VILLAGENAYA TOLA JURABGANJ, P.S.- KODHA, DIST.- KATIHAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anup Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-04-2024 Heard the parties.
2. The petitioner is an secured in connection with Birpur P.S. Case No.95 of 2023 registered for the offences under sections 396 and 479 of the Indian Penal Code lodged on 17.03.2023 by the informant, Baleshwar Jha.
3. Earlier, the petitioner had moved before this Court for grant of bail in Cr. Misc. No. 55647 of 2023 which was rejected vide an order dated 28.8.2023.
4. As per the prosecution story, the allegation is that the Informant after withdrawing money (Rs. 2,20,000/-) from the Central Bank of India, Birpur Branch was returning. When two persons on a motorcycle snatched the bag with content amongst other, a cheque of Rs. 1 lakh also. Accordingly, the FIR
Patna High Court CR. MISC. No.9687 of 2024(3) dt.10-04-2024 2/3
5. Learned Counsel for the petitioner submits that only because of his criminal antecedent, he has been implicated in this case. He will be diligently appearing in trial if granted bail.
6. Taking into account the aforesaid fact that he is in custody since 10.4.2023 (para-9 of the petition), this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur, in connection with Birpur P.S. Case No.95 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station till the conclusion of the trial to mark his attendance;
Patna High Court CR. MISC. No.9687 of 2024(3) dt.10-04-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T