Sunil Kumar Paswan @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13354 of 2022 Arising Out of PS. Case No.-298 Year-2021 Thana- BALIYA District- Begusarai ====================================================== SUNIL KUMAR PASWAN @ SUNIL KUMAR S/o Dinesh Paswan R/o village- Chhoti Ballia, Paswan Tolla, Ward No. 13, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-06-2022 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 Ballia P.S. Case No. 298 of 2021, for the offence punishable under Section 393, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that unknown miscreants fired upon the informant which injured the left thigh of the informant. The miscreants, however, failed to snatch any article from the informant.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.13354 of 2022(2) dt.14-06-2022 2/3 implicated in this case mere on suspicion. He further submits that even though C.C.TV footage has been taken, but till date the petitioner has not been put on T.I.P. Nothing has been recovered from the possession of the petitioner or from his house. The petitioner is in custody since 16.10.2021. 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 and the allegation made in the F.I.R., the F.I.R. has been lodged against unknown miscreants. The petitioner has made accused in the present case on the basis of C.C.TV footage, but in absence of any T.I.P. having been conducted the petitioner has been roped in the present case mere on suspicion. There is no allegation of tampering of evidence or influencing the witnesses and the trial is also not 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 Chief Judicial Magistrate, Buxar in connection with Ballia P.S. Case No. 298 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.13354 of 2022(2) dt.14-06-2022 3/3 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.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T