Nandu Kumar @ Ranjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15242 of 2024 Arising Out of PS. Case No.-27 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Nandu Kumar @ Ranjan Paswan, Male, aged bout 21 years, S/o Chandra Dev Paswan R/o vill - Krit Nawada, P.S. - Chandauti, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chandauti P.S. Case No.-27 of 2021 registered for the offence under Sections 457, 380 and 395 of the Indian Penal Code.

3. As per the allegation in the FIR, a dacoity was committed in the house of the informant and looted some cash, ornaments and mobile phone by 6-7 miscreants and the name of the petitioner transpired on the basis of confessional statement of co-accused.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner is not named in the FIR and

Patna High Court CR. MISC. No. 15242 of 2024(2) dt.18-03-2024 2/3 the petitioner was not arrested at the spot and nothing has been recovered from his conscious possession nor any test identification parade has been held. He next submits that similarly situated co-accused has already been granted bail by this Court passed in Cr. Misc.No. 8101 of 2024. Petitioner is in custody since 02.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances of the case and also the fact that similarly situated co-accused has already been granted bail by this Court, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Chandauti P.S. Case No.27 of 2021 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Gaya.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No. 15242 of 2024(2) dt.18-03-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T