Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11155 of 2022 Arising Out of PS. Case No.-50 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== RANJEET PASWAN S/O NAGENDRA PASWAN @ LAKHENDRA PASWAN R/O VILLAGE- BIJHRAULI BINDICHOK, P.S.- TISIAUTA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Tisiauta P.S. Case No. 50 of 2020, for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 327, 307, 333, 353, 354(A), 354(B) and 504 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is that on receiving secret information about illicit trade of foreign liquor going on the Police personnel had raided the houses of the accused persons named in the F.I.R. The F.I.R. is against 33 named and 100 unknown accused persons. The accused persons started in assaulting the Police

Patna High Court CR. MISC. No.11155 of 2022(2) dt.13-06-2022 2/3 force in which some of them had sustained injuries. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that there is no specific allegation of assault having been committed by the petitioner. Similarly situated coaccused Krishna Paswan, Heera Paswan @ Hera Paswan and Indrajeet Paswan @ Karpuri Paswan have already been enlarged on bail by a coordinate Bench of this Court vide order dated 05.01.2021 passed in Criminal Miscellaneous No. 28791 of 2020 and vide order dated 10.02.2022 passed in Criminal Miscellaneous No. 49966 of 2021. The petitioner has clean antecedent and he is in custody since 10.10.2021. He further submits that there is no chance of absconding or tampering the evidence and hence the petitioner deserves to be released on bail.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, there is no allegation of tampering the evidence or influencing the witnesses and the trial is not

Patna High Court CR. MISC. No.11155 of 2022(2) dt.13-06-2022 3/3 likely to be concluded in near future, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VII, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 50 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T