Petu Paswan @ Pentu Paswan @ Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10946 of 2022 Arising Out of PS. Case No.-156 Year-2021 Thana- SIMRI District- Buxar ====================================================== Petu Paswan @ Pentu Paswan @ Rajesh Paswan Son of Bhushni Paswan R/O Village- Dumari, P.S.- Simari, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-06-2022 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 Simari P.S. Case No. 156 of 2021 registered for the offence under Sections 457, 380 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 04.08.2021.
The allegation against the petitioner is to commit theft in the dwelling house of the informant by house breaking in night and while committing so, taken away jewellery, cash etc. Learned counsel appearing on behalf of the petitioner submitted that no stolen article, as alleged, has been recovered
Patna High Court CR. MISC. No.10946 of 2022(2) dt.14-06-2022 2/3 from the conscious physical possession of the petitioner, which may suggest his involvement in the present occurrence. It has further been submitted that F.I.R. has been lodged after two days of the occurrence and the delay has not been explained. It has further been submitted that similarly situated co-accused, namely, Ranjan Kumar has already been granted bail by a learned Co-ordinate Bench of this Hon'ble Court vide order dated 04.04.2022 passed in Cr. Misc. No. 62907 of 2021. Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded the fact that no stolen article has been recovered from the conscious physical possession of the petitioner.
Considering the facts and circumstances as mentioned above, no stolen article has been recovered from the conscious physical possession of the petitioner coupled with the fact that similarly situated co-accused has already been granted bail, let the petitioner, above named, is directed to be released on bail in connection with Simari P.S. Case No. 156 of 2021 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, Buxar, subject to the following conditions:
Patna High Court CR. MISC. No.10946 of 2022(2) dt.14-06-2022 3/3 "(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial. (iii) That one of the bailors shall be Sangita Devi, wife of the petitioner and who is the deponent of the present bail petition." (Chandra Shekhar Jha, J) Ankit/- U T