Nandu Kumar @ Ranjan Paswan @ Nandu Ranjan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15502 of 2024 Arising Out of PS. Case No.-41 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Nandu Kumar @ Ranjan Paswan @ Nandu Ranjan Paswan 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 :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chandauti P.S. Case No. 41 of 2021 dated 04.02.2021, instituted for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
3. Allegation is of looting of 8-10 kg gold and Rs. 50,000/- cash from a jewellery shop by unknown persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further stated that the F.I.R. has been lodged against unknown persons. It is further submitted that name of the petitioner has transpired in this case only on the basis of confessional statement of one Uday Paswan. It is further
Patna High Court CR. MISC. No.15502 of 2024(3) dt.22-05-2024 2/3 submitted that nothing has been recovered either from the possession of the petitioner or from the house of the petitioner. It is next submitted that no T.I.P. has been made as yet. It is further submitted the similarly situated co-accused namely, Anuj Paswan has been granted bail vide order dated 18.08.2022 passed by this Court in Criminal Miscellaneous No. 26484 of 2022 and Vijali Paswan has been granted bail vide order dated 18.08.2022 passed by this Court in Criminal Miscellaneous No. 8775 of 2022. Lastly, it has been submitted that the petitioner is in custody since 17.10.2023 and two criminal cases are pending against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Gaya in Chandauti P.S. Case No. 41 of 2021, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.15502 of 2024(3) dt.22-05-2024 3/3 and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) sankalp/- U T