Arjun Kumar @ Arjun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.18628 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== ARJUN KUMAR @ ARJUN PASWAN Son of Radha Mohan Ram Resident of Village - Nagari, P.S.- Charpokhari, District - Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Advocate For the Opposite Party/s :
Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Udwantnagar P.S. Case No. 29 of 2020 registered for the offences punishable under Section 392 of the Indian Penal Code.
As per the prosecution story, the informant alleged that on 22.01.2020 at about 3:30 O'clock when he was going from Ara to Narayanpur, two unknown armed miscreants on Apache motorcycle overtook his motorcycle and snatched his bag containing owner book, insurance paper, pollution paper,
2/4 Aadhar Card, driving license, ATM Card, mobile phone and cash of Rs. 3000/- on the point of arms.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, petitioner is not named in the first information report, he was apprehended on 10.02.2020 on the basis of confessional statement of the coaccused Sudhir Kumar in connection with Garhani P.S. Case No. 12/2020. Learned counsel submits that petitioner is in custody since 02.06.2020 and petitioner is on bail in all the cases as stated in paragraph '3' of the application. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein it is the submission on behalf of the petitioner that he is not named in the First Information Report, he was apprehended on 10.02.2020 on the basis of confessional statement of the co-accused Sudhir Kumar in connection with Garhani P.S. Case No. 12/2020 and from the said case, on the basis of the confessional statement extracted from the petitioner in police custody he has been brought in the present case, further considering that nothing has been recovered from the possession of the petitioner and till date he has not been put on
3/4 Test Identification Parade, the petitioner has remained in custody for over one year and in all the cases stated in paragraph '3' he is on bail, this court directs release of the petitioner above-named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 29/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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
4/4 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. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.