Sujit Paswan @ Sujeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16096 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== SUJIT PASWAN @ SUJEET PASWAN S/O AJAV PASWAN Resident of Village- Rampur Dilawar, P.S.- Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rajapakar P.S. Case No. 456 of 2022 dated 27.12.2022 registered for the offence under Sections 365 and 120(B) of the Indian Penal Code and Sections 23, 24 and 26 of the Trafficking in persons (Prevention Care & Rehabilitation) Act, 2021. Two ladies are apprehended by the police having illegal detention of a child and they disclosed before the police that the petitioner and others have purchased the child at the cost of RS. 1,40,000/- from the parents of the victim boy and accordingly, the petitioner has been taken into custody. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and

Patna High Court CR. MISC. No.16096 of 2023(2) dt.12-05-2023 2/3 has falsely been implicated in this case on the disclosure made by the accused persons, namely, Mina Devi and Nirmala Devi. Save and except the confessional statement of the co-accused, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that only Rs.20,000/- is alleged to have been shown in the seizure list from the possession of the petitioner and the same belong to the petitioner. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 29.12.2022.

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

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 456 of 2022 with 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 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.16096 of 2023(2) dt.12-05-2023 3/3

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T