Pintu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23994 of 2024 Arising Out of PS. Case No.-7 Year-2013 Thana- MADANPUR District- Aurangabad ====================================================== Pintu Paswan SON OF RAGHO PASWAN RESIDENT OF VILLAGEKAMALDAH, PS- PARAIYA, DIST- GAYA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar No.6 For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 07 of 2023 registered on 07.01.2013 lodged under Sections 395, 412, 174A of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against 10 to 12 unknown accused persons against whom there is an allegation that they have committed theft in the house of the informant.
4. Counsel further submits that petitioner is innocent and has committed no offence. Counsel for the petitioner submits that name of the petitioner has been figured in this case by the virtue of confessional statement of the co-accused of on Bijli Paswan who has been granted bail by co-ordinate Bench of
Patna High Court CR. MISC. No.23994 of 2024(2) dt.04-04-2024 2/3 this Court vide order dated 30.09.2013 passed in Cr. Misc. No. 21875 of 2023 (Annexure-P2). He further submits that petitioner is in custody since 13.01.2024 having no criminal case pending against him. Counsel further submits that he has never been communicated that he is named in the F.I.R. He further submits that nothing has been recovered from the possession of the petitioner nor he was put on T.I.P.
5. Learned counsel for the State opposes the prayer for bail and submits that F.I.R. has been lodged in the year 2023 and petitioner has come in custody after the lapse of 11 years.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurungabad in connection with Madanpur P.S. Case No. 07 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.23994 of 2024(2) dt.04-04-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Sunnykr/- U