Kaushal Kumar Paswan @ Sonu @ Surya Don v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20211 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- CHENARI District- Rohtas ====================================================== KAUSHAL KUMAR PASWAN @ SONU @ SURYA DON S/o Basant Paswan R/o village- Mahuari, P.S.- Akorhigola, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this during course of investigation on the basis of his confessional statement which is not admissible in the eye of law. It has been further submitted that according to FIR, informant claimed to identify the accused persons and when petitioner alongwith others were put on TIP, in which only co-accused Rinki Chaudhary was identified by the informant. Nothing has been recovered from the possession of petitioner. Petitioner is in

Patna High Court CR. MISC. No.20211 of 2022(2) dt.12-07-2022 2/3 custody since 26.06.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Sasaram, District- Rohtas, in connection with Chenari P.S. Case No. 70 of 2021, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.20211 of 2022(2) dt.12-07-2022 3/3 liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU